Delta Canal Co. v. Frank Vincent Family Ranch, LC

Appellants in this case were several nonprofit Utah corporations that distributed water to their shareholders for irrigation of agricultural land (collectively, Irrigation Companies). The Irrigation Companies filed a complaint alleging that the water right of Frank Vincent Family Ranch, LC (Vincent) had been partially forfeited and partially abandoned. The district court granted summary judgment to Vincent, holding that Utah law did not provide for partial forfeiture or abandonment before 2002 and that Vincent was protected from partial forfeiture and abandonment after 2002 by an exception located in Utah Code 73-1-4(3)(f)(i). The Supreme Court reversed, holding (1) the pre-2002 Forfeiture Statute unambiguously permitted partial forfeiture; (2) the exception located in section 73-1-4(3)(f)(i) is not a rule that forfeiture can never occur when a water right is not fully satisfied; and (3) abandonment is a common-law cause of action that requires a showing of intent to relinquish. Remanded. View "Delta Canal Co. v. Frank Vincent Family Ranch, LC" on Justia Law