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IN RE GEN. DETERMINATION OF RIGHTS OF WATER

No. 981509.

98 P.3d 1 (2004)

2004 UT 67

In the matter of the GENERAL DETERMINATION OF the RIGHTS TO USE ALL OF the WATER, BOTH SURFACE AND UNDERGROUND, WITHIN the DRAINAGE AREA OF UTAH LAKE AND JORDAN RIVER IN UTAH, SALT LAKE, DAVIS, SUMMIT, WASATCH, SANPETE, AND JUAB COUNTIES in Utah. Butler, Crockett and Walsh Development Corporation; The Pinecrest Water Company; and LeRoy Meyer, Plaintiffs, Appellants, and Cross-Appellees, v. Pinecrest Pipeline Operating Company and Pinecrest Water Users Association, Defendants, Appellees, and Cross-Appellants. State of Utah, Appellee and Cross-Appellee.

Supreme Court of Utah.

August 17, 2004.

Attorney(s) appearing for the Case

Brent A. Bohman, Morgan, and John Walsh, Salt Lake City, for plaintiffs.

Jeffrey W. Appel, Jennifer L. Crane, Salt Lake City, for defendants.

Mark L. Shurtleff, Att'y Gen., Norman K. Johnson, L. Ward Wagstaff, Julie I. Valdes, Asst. Att'ys Gen., Salt Lake City, for the State.

PARRISH, Justice:

¶ 1 We review the trial court's adjudication of certain water rights associated with the Emigration Creek Subdivision of the Salt Lake County East Division of the Utah Lake and Jordan River Drainage Area ("Emigration Creek Subdivision"). LeRoy Meyer ("Meyer") appeals a summary judgment in favor of Pinecrest Pipeline Operating Company ("PPOC") as to the ownership of Water User's Claim ("WUC") 57-8492. PPOC cross-appeals the trial court's determination...

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