Badger v. Brooklyn Canal Co.

STEWART, Associate Chief Justice:

This case is before us on appeal from the district court’s review of a decision issued by the State Engineer. The State Engineer approved Brooklyn Canal Company’s (“Brooklyn”) application for a change in its diversion point on the Sevier River. Incident to an application for de novo review, the district court granted Brooklyn’s motion for summary judgment against various plaintiffs who asserted claims either as shareholders in Brooklyn or as possessors of private well water rights and who collectively claimed that the change in diversion would be harmful to…