LITTLE COTTONWOOD TANNER v. SANDY CITY

No. 20150305.

387 P.3d 978 (2016)

2016 UT 45

LITTLE COTTONWOOD TANNER DITCH COMPANY; Richards Irrigation Company; Walker Ditch Company, Inc., Appellants, v. SANDY CITY; Sandy Irrigation Company; Cohoon & Maxfield Irrigation Company, Appellees.

Supreme Court of Utah.

Filed October 21, 2016.


Attorney(s) appearing for the Case

J. Craig Smith , Phillip E. Lowry , Jeffry R. Gittins , Debra K. Caldwell , Aaron M. Worthen , Salt Lake City, for appellants.

John H. Mabey Jr. , David C. Wright , Salt Lake City, for appellees.

Having been recused, Associate Chief Justice Lee does not participate herein; Court of Appeals Judge Michele Christiansen sat.


On Direct Appeal

INTRODUCTION

¶1 In 1910, the district court issued the Little Cottonwood Morse Decree, which established water rights for the Little Cottonwood Creek. The decree also terminated a contract that conferred a right to use a portion of this water. The Morse Decree replaced...

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