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MAGNA WATER CO. v. STRAWBERRY WATER USERS

No. 20100921-CA.

285 P.3d 1 (2012)

2012 UT App 184

In the Matter of the General Determination of the Rights to the Use of All the Water, Both Surface and Groundwater, within the Drainage Area of Utah Lake and Jordan River in Utah, Salt Lake, Davis, Summit, Wasatch, Sanpete, and Juab Counties. MAGNA WATER COMPANY and South Farm, LLC, Appellants, v. STRAWBERRY WATER USERS ASSOCIATION, Strawberry High Line Canal Company, Central Utah Water Conservancy District, and Utah State Engineer, et al., Appellees.

Court of Appeals of Utah.

July 6, 2012.

Attorney(s) appearing for the Case

J. Craig Smith , David B. Hartvigsen , Matthew E. Jensen , and Bryan C. Bryner , Salt Lake City, for Appellants.

Edwin C. Barnes , Steven E. Clyde , and Wendy Bowden Crowther , Salt Lake City, for Appellee Central Utah Water Conservancy District.

Mark L. Shurtleff , Norman K. Johnson , L. Ward Wagstaff , and Michael M. Quealy , Salt Lake City, for Appellee Utah State Engineer.

Shawn E. Draney , Keith A. Call , Scott H. Martin , and D. Jason Hawkins , Salt Lake City, for Appellee Strawberry Water Users Association.

John H. Mabey Jr. and David C. Wright , Salt Lake City, for Appellee Strawberry High Line Canal Company.

Before Judges ORME, THORNE, and CHRISTIANSEN.

OPINION

THORNE, Judge:

¶ 1 Magna Water Company and South Farm, LLC (collectively, Objectors) appeal from the district court's judgment granting Strawberry Water Users Association and Strawberry High Line Canal Company's (collectively, SWUA) motion for summary judgment. The district court determined that Objectors lacked standing in the matter and dismissed their claims with prejudice. We reverse and remand.

BACKGROUND

¶ 2 This...

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