Provo River Water Users' Ass'n v. Morgan

ZIMMERMAN, Justice:

This is an appeal from a district court order ruling that the 1937 Weber River Decree (the “decree”) does not bar Kamas Hills Ltd. (“Kamas Hills”) from asserting diligence claims to certain artesian springs. The springs are located in the Weber River drainage but have no surface connection with the Weber River or its surface tributaries. We affirm the trial court’s order and hold that the decree did not adjudicate Kamas Hills’ diligence claims and therefore poses no obstacle to their assertion now.

Because our decision turns on the scope of the decree, we begin our…