Devil Creek Ranch, Inc. v. Cedar Mesa Reservoir & Canal Co.

JOHNSON, Justice.

This is a water rights case in which the trial court granted summary judgment dismissing a declaratory judgment action on the basis of laches. We conclude that there is no showing of the prejudice necessary for the application of laches. We also conclude there is no basis to uphold the trial court’s dismissal of the action on the alternate basis of res judicata. Therefore, we vacate the summary judgment and remand the case to the trial court for further proceedings.

I

THE BACKGROUND AND PRIOR PROCEEDINGS.

In 1886, Jerome Helsley appropriated three cubic feet of water per second…