United States v. District Court Fourth

WADE, Justice. The United States seeks a writ, based on its sovereign immunity, to prevent the Fourth District Court from taking jurisdiction of an appeal from a decision of the state engineer approving its application for a change of the diversion place of some of its irrigation waters. These water rights were obtained by the government as appurtenances to lands acquired in the construction of the Deer Creek reservoir, which lands are now under water. The permission to change the place of diversion of such waters was obtained over the protest of other water users who claim that such change will impair their vested rights to the use of the waters of the Provo River and who appealed from that decision by commencing an action in the district court to review the decision of the state engineer, whereupon the United States instituted this action.