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GREEN RIVER CANAL CO. v. THAYN

No. 20010357.

84 P.3d 1134 (2003)

2003 UT 50

GREEN RIVER CANAL COMPANY, Plaintiff, Appellee and Cross-Appellant, v. Lee THAYN, Defendant, Appellant, and Cross-Appellee.

Supreme Court of Utah.

Rehearing Denied December 18, 2003.

Attorney(s) appearing for the Case

J. Craig Smith, David B. Hartvigsen, D. Scott Crook, Scott M. Ellsworth, Salt Lake City, for plaintiff.

Steven A. Wuthrich, Montpelier, Idaho, for defendant.

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 Plaintiff Green River Canal Company (GRCC) and Defendant Lee Thayn (Thayn) both own and operate irrigation canals in Green River, Utah. GRCC alleges that Thayn breached agreements made by the parties in 1952 to govern their shared use of certain water diversion facilities owned by Green River when Thayn built and began operating a small hydroelectric power generation facility that used water in excess of the amounts...

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