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LIVING RIVERS v. DEPT. OF NATURAL RESOURCES

No. 20110242-CA.

281 P.3d 267 (2012)

2012 UT App 133

LIVING RIVERS, Petitioner, v. DEPARTMENT OF NATURAL RESOURCES, DIVISION OF OIL, GAS, AND MINING, Respondent. Westwater Farms, LLC, Intervenor.

Court of Appeals of Utah.

May 3, 2012.

Attorney(s) appearing for the Case

Patrick A. Shea and Jacque M. Ramos , Salt Lake City, for Petitioner.

Mark L. Shurtleff , Steven F. Alder , Michael S. Johnson , and Emily E. Lewis , Salt Lake City, for Respondent.

Thomas W. Clawson and Thomas R. Barton , Salt Lake City, for Intervenor.

Before Judges McHUGH, ORME, and THORNE.

MEMORANDUM DECISION

ORME, Judge:

¶ 1 Petitioner's contentions in this proceeding for judicial review essentially boil down to two distinct issues. The first is whether, given the evidence it received and its findings of fact derived therefrom,1 the Board of Oil, Gas, and Mining properly approved a Class II water injection well. See generally Utah Code Ann. § 40-6-5(5) (2010) (granting the Board "exclusive jurisdiction...

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