WESTERN WATER, LLC, a Utah limited liability company, Plaintiff and Appellant,
v.
Jerry D. OLDS, Utah State Engineer and Director of the Division of Water Rights, et al., Defendants and Appellees.
Supreme Court of Utah.https://leagle.com/images/logo.png
February 22, 2008.
Rehearing Denied April 9, 2008.
Attorney(s) appearing for the Case
Terry L. Hutchinson, St. George, for plaintiff.
Mark L. Shurtleff, Att'y Gen., Norman K. Johnson, Julie I. Valdes, Asst. Att'ys Gen., Salt Lake City, for defendants Olds and Utah State Eng'r.
Heather Shilton, Asst. Att'y Gen., Salt Lake City, for defendant Utah Div. of Parks & Recreation.
Martin B. Bushman, Asst. Att'y Gen., Salt Lake City, for defendant Div. of Wildlife Res.
Randy Hunter, Asst. Att'y Gen., Salt Lake City, for defendant Utah Dep't of Transp.
Stephen G. Schwendiman, Keli J. Beard, James P. Allen, Asst. Att'ys Gen., Salt Lake City, for defendant Utah Div. of Forestry, Fire & State Lands.
Steven E. Clyde, Edwin C. Barnes, Wendy B. Crowther, Salt Lake City, for defendant Cent. Utah Water Conservancy Dist.
David C. Wright, John H. Mabey, Jr., Salt Lake City, for defendants E. Jordan Irrigation Co., Kennecott Utah Copper Corp., Alpine City, Lehi City, Cedar Fort Irrigation Co., and Lehi Spring Irrigation Co.
Jody L. Williams, Steven J. Vuyovich, Salt Lake City, for defendants Irvine Ranch & Petroleum, Burnham Duck Club, PacifiCorp, E. Fred Walters, and Lower Jordan River Water Users Ass'n.
David B. Hartvigsen, Matthew E. Jensen, Salt Lake City, for defendants W. Glade Berry, Bart D. Berry, and Magna Water Co.
Kevin R. Bennett, American Fork, for defendant American Fork City.
Shawn E. Draney, Scott H. Martin, Salt Lake City, for defendants Cahoon & Maxfield Irrigation Co., Utah Lake Distrib. Co., Metro. Water Dist. of Salt Lake & Sandy, Salt Lake City Corp., Sandy City, and Provo River Water Users Ass'n.
Robert P. Hill, Allan T. Brinkerhoff, Reid E. Lewis, Salt Lake City, for defendant Jordan Valley Water Conservancy Dist.
Joro Walker, Sean Phelan, David H. Becker, Salt Lake City, for defendants Sierra Club, Trout Unlimited, Utah Waters, Utah Wetlands, and Nat'l Audubon Soc'y.
Michael M. Quealy, David Bird, Salt Lake City, for defendants Utah & Salt Lake Canal Co. and North Jordan Irrigation Co.
M. Dayle Jeffs, Provo, for defendant Clinger Family P'ship.
John P. Ashton, Salt Lake City, for defendant New State Inc.
David L. Church, Salt Lake City, for defendant Riverton City.
Richard G. Allen, Lehi, for defendant Saratoga Springs.
Ryan B. Carter, Roger F. Cutler, Jr., West Jordan, for defendant City of W. Jordan.
John H. Geilmann, South Jordan, for defendant S. Jordan City.
Glenn R. Maughan, Ogden, pro se.
Supreme Court of Utah.
PARRISH, Justice:
INTRODUCTION
¶ 1 In 2001, Western Water LLC ("Western Water") submitted applications to appropriate water through a plan that would "salvage and exchange" water that was "spilling" into the Great Salt Lake from Utah Lake and the Jordan River. The appropriation request was massive. It covered 288,107 acre-feet of water per year in various alternative plans to satisfy the 86,000 acre-feet requested. After the State Engineer denied Western...
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