Green River Canal Co. v. Thayn

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 Plaintiff Green River Canal Company (GRCC) and Defendant Lee Thayn (Thajm) both own and operate irrigation canals in Green River, Utah. GRCC alleges that Thayn breached agreements made by the parties in 1952 to govern their shared use of certain water diversion facilities owned by Green River when Thayn built and began operating a small hydroelectric power generation facility that used water in excess of the amounts mentioned in the 1952 agreements. The trial court ruled in favor of GRCC, holding that the 1952 agreements are determinative as to both the…