Nephi City v. Dee C. Hansen

Plaintiff Nephi City appeals from an order denying its motion for summary judgment and granting the motion of defendant Dee C. Hansen, State Engineer, and defendant Utah State Division of Wildlife Resources for summary judgment. The summary judgment upheld the State Engineers decision rejecting Nephi Citys applications to change the points of diversion of four claimed water rights. The State Engineer rejected the applications on the grounds that the four water rights in question had been forfeited through nonuse under section 73-1-4 of the Code. Utah Code Ann. § 73-1-4 (1980) (amended 1987 & 1988). Nephi City claims that a municipal corporations water rights cannot constitutionally be forfeited through nonuse under article XI, section 6 of the Utah Constitution. It contends that to the extent that section 73-1-4 provides for such a forfeiture, it is unconstitutional. We reject Nephi Citys assertions and affirm the district court.