Little Cottonwood Tanner Ditch Co. v. Sandy City

On Direct Appeal

Justice Durham,

opinion of the Court:

INTRODUCTION

¶1 In 1910, the district court issued the Little Cottonwood Morse Decree, which established water rights for the Little Cottonwood Creek. The decree also terminated a contract that conferred a right to use a portion of this water. The Morse Decree replaced the terminated contract with new terms that govern this contractual right to use the water. The decree provides that the water may be diverted and used so long as monthly payments of seventy-five dollars are remitted to the owners of the water rights.

¶2 In 2013, several parties…