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Arave v. Pineview West Water Co., 2020 UT 67 (Oct. 15, 2020)

Oct 15, 2020

In this water right dispute, the Utah Supreme Court clarified that a plaintiff asserting an interference claim “must establish that: (1) they have an enforceable water right, (2) their water right is senior to the defendant’s water right, (3) their methods and means of diversion are reasonable, (4) despite their reasonable efforts, they are unable to obtain the quantity or quality of water to which they are entitled, and (5) the defendant’s conduct obstructed or hindered their ability to obtain that water (causation).”