Bonham v. Morgan
Utah Supreme Court
788 P.2d 497 (1989)
- Written by Curtis Parvin, JD
Facts
Salt Lake County Water District (the district) and Draper Irrigation Company (Draper) (defendants) wanted to change the water-diversion point and nature of the use of their water rights in various creeks. The district and Draper made a permanent-change application to state engineer Robert Morgan (the engineer) (defendant) to change the water-diversion point. After the engineer granted preliminary approval of the application, the district and Draper started work on the project, leading to flooding from water diversion onto the property of Stanley Bonham (plaintiff) and land where a public park was under consideration. Bonham, who did not use water from the affected creeks, challenged the change application. The engineer concluded that he could not address Bonham’s objection because Bonham did not present any affected water rights or use because Bonham was not a water user. Bonham sought review of the engineer’s decision by the district court, as allowed by Utah law. The engineer filed a motion for summary judgment, alleging Bonham lacked standing. The district court agreed and granted summary judgment against Bonham based on his lack of standing to challenge the change application.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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