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IN RE GENERAL DETERMINATION OF RIGHTS

No. 20040764-CA.

128 P.3d 6 (2005)

2005 UT App 450

In the MATTER OF GENERAL DETERMINATION OF RIGHTS TO USE OF WATER, both surface and underground, within all of Tooele County; all of Juab County, except that portion draining to Utah Lake and to the Sevier River drainage; and all of Millard, Beaver and Iron Counties, except that portion in the Sevier River and the Virgin River drainage in Utah. State Engineer, Appellant, v. Raymond L. Shepherd and Katherine F. Shepherd, Appellees.

Court of Appeals of Utah.

October 20, 2005.

Attorney(s) appearing for the Case

Mark L. Shurtleff, atty. gen., Norman K. Johnson, and Julie I. Valdes, asst. atty. gen., Salt Lake City, for Appellant.

Raymond L. Shepherd and Katherine F. Shepherd, Stansbury Park, Appellees Pro Se.

Before Judges DAVIS, ORME, and THORNE, Jr.

OPINION

DAVIS, Judge:

¶ 1 Jerry D. Olds, Utah State Engineer (the State Engineer), appeals the district court's interlocutory order denying his motion to dismiss Raymond L. and Katherine F. Shepherd's (collectively, the Shepherds) claim to water rights. We reverse and remand.

BACKGROUND

¶ 2 The State Engineer's office commenced a general adjudication of water rights under Utah Code section 73-4-1 for Tooele County and portions...

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