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Haik v. Jones, 2018 UT 39 (Aug. 7, 2018)

Aug 7, 2018

This was an appeal from the district court’s dismissal of a petition for judicial review of the State Engineer’s approval of a water right change application.  The court held the appellant lacked statutory standing because he was not an “aggrieved party.”  While the majority assumed that the appellant could rely on public interest standing but held the requirements of that standing were not met in this case, it noted in a footnote that “Any invocation of the public standing doctrine should come with a warning label that two members of this court have expressed serious doubt about the intellectual underpinnings of the doctrine and have invited further discussion of its continued viability.”