Jensen v. Jones

AMENDED OPINION *

Chief Justice DURHAM, opinion of the Court:

INTRODUCTION

1 1 This appeal involves a challenge to the state engineer's authority to declare forfeiture of a water right as the basis for denying a change application. We hold that the state engineer lacks authority to declare a water right forfeited in reviewing a change application. We reverse the district court's grant of summary judgment and remand for further proceedings consistent with this opinion.

BACKGROUND

T2 Marilyn Hamblin owned 1 Water Right No. 55-11041 as an alleged tenant in common. The water right provides for…