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OTTER CREEK RESERVOIR v. NEW ESCALANTE IRR.

No. 20060942.

203 P.3d 1015 (2009)

2009 UT 16

OTTER CREEK RESERVOIR COMPANY, a Utah corporation; Richfield Irrigation Canal Company, a Utah corporation; Sevier Valley Canal Company, a Utah corporation; Monroe South Bend Company, a Utah corporation; Monroe Irrigation Company, a Utah corporation; Elsinore Canal Company, a Utah corporation; Annabella Irrigation Company, a Utah corporation; Brooklyn Canal Company, a Utah corporation; Joseph Irrigation Company, a Utah corporation; Vermillion Irrigation Company, a Utah corporation; and Piute Reservoir and Irrigation Company, a Utah corporation; Plaintiffs and Appellant, v. NEW ESCALANTE IRRIGATION COMPANY, a Utah corporation, Defendant and Appellee.

Supreme Court of Utah.

March 3, 2009.

Attorney(s) appearing for the Case

Kay L. McIff, Richard K. Chamberlain, Richfield, for appellant.

Steven E. Clyde, Edwin C. Barnes, James P. Alder, Christopher B. Snow, Salt Lake City, for appellee.

PARRISH, Justice:

INTRODUCTION

¶ 1 Prior to 1939, water rights in Utah could be obtained through seven years of "continuous, uninterrupted, hostile, notorious, adverse [use]." In re Use of Water Within Drainage Area of Green River, 12 Utah.2d 102, 363 P.2d 199, 201 (1961). In 1939, the Utah Legislature amended Utah water law to bar the acquisition of water rights by adverse...

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