Nonuse application cannot protect long-dormant water right from challenge, Fourth District Court Judge says in Christensen & Jensen case - Utah Water Law
In a recent Christensen & Jensen (“C&J”) state court water law case, C&J’s client, a large water conservancy district, and other water entities successfully fended off an attempt by Defendant South Utah Valley Municipal Water Users Association (“SUVMWA”) to resurrect a substantial but long-dormant water right. The water right at issue in the case was last used by Defendant’s predecessors more than 70 years prior to Defendant’s nonuse application. At stake was approximately 4,000 acre feet of water that SUVMWA