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

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Appellants, several irrigation companies, and Appellee, a family ranch, were water-rights holders in the Sevier River system. Appellants filed a complaint in district court alleging that Appellee's water right had been partially forfeited and partially abandoned. The district court granted summary judgment for Appellee, finding (1) Utah law did not provide for partial forfeiture or partial abandonment prior to 2002, and (2) Appellee was protected from partial forfeiture and abandonment after 2002 by a statutory exception. The Supreme Court (1) reversed the grant of summary judgment as to the post-2002 partial-forfeiture claim, holding that partial forfeiture has always been available in Utah; and (2) reversed the grant of summary judgment on the abandonment claim, holding that the district court erred in treating the abandonment claim as a claim under the forfeiture statute, as abandonment of a water right is a common-law claim, not a statutory claim. Remanded. View "Delta Canal Co. v. Frank Vincent Family Ranch, LC " on Justia Law