S & G, INC. v. Morgan

HOWE, Associate Chief Justice:

S & G, Inc., owned 228 acres of land in Millard County, Utah, with the right to divert and use for irrigation purposes five cubic feet per second of water from a well from April to October each year. The certificate of appropriation entitled S & G “to use only sufficient water ... to constitute an economic duty without waste.” Continuous use of the water right twenty-four hours per day would yield approximately 9.39 acre feet per acre, or approximately 2,140 acre feet each season. In 1981, S & G sold its entire water right to the Inter-mountain Power Agency (the…