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IN RE UINTAH BASIN

Nos. 20040270, 20040334.

133 P.3d 410 (2006)

2006 UT 19

In the Matter of the General Determination of All the Rights to the Use of Water, Both Surface and Underground, Within the Drainage Area of the UINTAH BASIN in Utah. Strawberry Water Users Association, a Utah nonprofit corporation; and Strawberry High Line Canal Company, a Utah nonprofit corporation, Petitioners and Appellants, v. Bureau of Reclamation; United States of America; and Department of the Interior, Respondent and Appellees.

Supreme Court of Utah.

Rehearing Denied May 3, 2006.

Attorney(s) appearing for the Case

Shawn E. Draney, Keith A. Call, Scott H. Martin, Salt Lake City, for Strawberry parties.

Norman K. Johnson, L. Ward Wagstaff, Michael Steeves, Salt Lake City, for Utah State Engineer.

Paul M. Warner, U.S. Att'y, Daniel D. Price, Asst. U.S. Att'y, Salt Lake City, and Kathryn E. Kovacs, Washington, D.C., for Bureau of Reclamation, Department of the Interior.

AMENDED OPINION

McIFF, District Judge:

INTRODUCTION

¶ 1 This appeal probes whether jurisdiction should lie in the federal district court or in the courts of the State of Utah. The dispute centers around competitive applications filed by the Strawberry Water Users1 and the United States with respect to water imported from the upper reaches of the Duchesne River, a Colorado River tributary, into the Great Basin....

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