JENSEN v. INTERMOUNTAIN POWER AGENCY

No. 950464.

977 P.2d 474 (1999)

1999 UT 10

L. Carl JENSEN, Plaintiff and Appellant, v. INTERMOUNTAIN POWER AGENCY, a political subdivision of the State of Utah, Delta Canal Company, Melville Irrigation Company, Abraham Irrigation Company, Deseret Irrigation Company, and Central Utah Water Company, Defendants and Appellees.

Supreme Court of Utah.

Rehearing Denied May 12, 1999.


Attorney(s) appearing for the Case

Jackson Howard, Phillip E. Lowry, Provo, for plaintiff.

Andrew M. Morse, Marc T. Wangsgard, Salt Lake City, for defendants.


ZIMMERMAN, Justice:

¶ 1 This case involves a negligence claim relating to damage caused by flooding of the Sevier Bridge Reservoir in 1983 and 1984 and an unrelated claim concerning certain water rights located under the reservoir. As to the disputed water rights, the trial court concluded, as a matter of law, that defendants had an easement to store water in the reservoir and that plaintiff's land and water rights were subject to the terms of that easement....

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