East Jordan Irrigation Co. v. Morgan

HALL, Chief Justice:

Plaintiff East Jordan Irrigation Company (“East Jordan”) appeals from a grant of summary judgment upholding the state engineer’s decision allowing defendant Pay-son City Corporation (“Payson”), a shareholder in East Jordan, to change the point of diversion of a portion of East Jordan’s water without the company’s consent. We reverse.

East Jordan is a nonprofit mutual water corporation1 owning legal title to certain *311water rights in Utah Lake and the Jordan River. The corporation diverts water from the river and the lake into a canal and delivers it to its 650 shareholders to…