Utah Supreme Court

Stanley B. Bonham and Anne M. Bonham, Boyd F. Summerhays, and Arleen M. Summerhays, Plaintiffs and Appellants, V…

February 23, 1989102 Utah Adv. Rep. 8

Summary

The Utah Supreme Court held that the state engineer must apply the same investigative duties to permanent change applications as to water‑appropriation applications under Utah Code Ann. § 73‑3‑8, and that the plaintiffs are “aggrieved persons” with standing under § 73‑3‑14. Accordingly, the trial court’s summary judgment in favor of the state engineer was vacated and the complaint reinstated for trial on the merits.