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SEARLE v. MILBURN IRR. CO.

No. 20040406.

133 P.3d 382 (2006)

2006 UT 16

Lawrence W. SEARLE and Ann C. Searle, Plaintiffs and Appellants, v. MILBURN IRRIGATION COMPANY, William M. Hamilton, and The Utah State Engineer, Jerry D. Olds, P.E., Defendants and Appellees.

Supreme Court of Utah.

Rehearing Denied March 8, 2006.

Attorney(s) appearing for the Case

Bryan J. Pattison, St. George, for plaintiffs.

Mark L. Shurtleff, Att'y Gen., Heather B. Shilton, Norman K. Johnson, Asst. Att'ys Gen., Salt Lake City, for defendant Utah State Engineer Jerry D. Olds, P.E.

John H. Mabey, Jr., David C. Wright, Salt Lake City, for defendant Milburn Irrigation Company.

AMENDED OPINION

DURRANT, Justice:

¶ 1 In this case, we are called upon to address several questions concerning the procedure applicable to the approval or rejection of applications proposing a change in water use. More specifically, we must determine whether the district court properly invoked the preponderance of the evidence standard of proof and correctly allocated the burden of proof when rejecting a change application. Additionally, we must decide...

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