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Strawberry Water Users Association v. Bureau of Reclamation

133 P.3d 410 (2006)

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Strawberry Water Users Association v. Bureau of Reclamation

Utah Supreme Court
133 P.3d 410 (2006)

Facts

The Strawberry Water Users Association (Strawberry) (plaintiff) and the Bureau of Reclamation (United States) (defendant) entered into an agreement. The agreement guaranteed Strawberry annual water deliveries from a reservoir. In the years following the agreement, Strawberry filed three change applications seeking to update and correctly reflect current points of diversion and place of use of project water and to provide for municipal and industrial use. Strawberry sought to use the water to irrigate small lots, including lawns and gardens. The United States urged the state engineer to dismiss the applications until the Utah courts could resolve the ownership issue. The United States also asserted that the contract prohibited Strawberry from changing use without the consent of the Secretary of Interior. The United States sought to have all matters adjudicated in the federal district court.

Rule of Law

Issue

Holding and Reasoning (McIff, J.)

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