United States v. District Court of Fourth Judicial District Ex Rel. Utah County

WADE, Justice.

Although the decision in this case sustained defendants’ contention that the court has jurisdiction to hear the appeal *20from the decision of the State Engineer, defendants’ petition for a rehearing. They contend that we too narrowly limited the issues which could be determined in such appeal.

First, they contend that we “presumptively” held that the Engineer could only approve or reject an application for a change of place of diversion for the full amount of water specified in the application and could not approve the application, but reduce the amount. We do not think that such…