Badger v. Brooklyn Canal Company

DURHAM, Associate Chief Justice:

Wesley Badger and Utah Land Inc. (“private well plaintiffs”) appeal from the district court’s grant of summary judgment in favor of the Brooklyn Canal Company and the State Engineer. The district court found that plaintiffs did not make known the nature of their private well rights in a protest hearing before the State Engineer and therefore waived the right to claim any impairment to private well rights. We affirm.

Brooklyn Canal Company is a nonprofit mutual water corporation formed for the purpose of delivering water to its Sevier County shareholders.…