Jensen v. Jones

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Marilyn Hamblin, the owner of a water right as an alleged tenant in common, filed a permanent change application with the state engineer, seeking to change her water right's place of use and point of diversion. The engineer rejected Hamblin's application because Hamblin had established no beneficial use under the water right since at least 1980. The district court granted the engineer's motion for summary judgment, basing its decision primarily on the determination that Hamblin's water right had been forfeited by operation of law through nonuse. The Supreme Court reversed, holding (1) the state engineer lacked the authority to adjudicate water rights, and therefore, could not consider non-adjudicated forfeiture when reviewing a change application; and (2) instead, the engineer was limited to considering factors presented in Utah Code Ann. 73-3-8(1) when deciding whether to approve or deny a change application, but could stay change application proceedings while pursuing an adjudication of forfeiture. View "Jensen v. Jones" on Justia Law