Change applications and existing water rights

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Change Application - HEAL UTAH v. Kane County Water Conservancy District

Change applications and existing water rights

A district court’s decision to approve two change applications over the existing water rights of two Utah water conservancy districts was at issue in a recent case before the Utah Court of Appeals.  In HEAL Utah v. Kane County Water Conservancy District, the Utah Court of Appeals was asked to determine whether the district court “properly approved two change applications requesting to change the points of diversion and the nature of use of water already appropriated to Kane County Water


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standing

Standing to seek judicial review of an order of the state engineer; Utah Court of Appeals holds that appellants were not “aggrieved parties” for purposes of the UAPA in Utah Alunite Corp. v. Jones

Under the Utah Code, “[a] person aggrieved by an order of the state engineer may obtain judicial review in accordance with [the Utah Administrative Procedures Act]” and section 73-3-14.  However, whether an aggrieved person has standing to seek judicial review of an order of the state engineer requires reference to not only Utah Code section 73-3-14, but the Utah Administrative Procedures Act (“UAPA”) as well. In, Utah Alunite Corp. v. Jones, the Utah Court of Appeals was faced with determining