Murdock v. Springville Municipal Corp.

878 P.2d 1147, 1994 Utah LEXIS 21, 1994 WL 100701
CourtUtah Supreme Court
DecidedMarch 24, 1994
Docket920499
StatusPublished
Cited by8 cases

This text of 878 P.2d 1147 (Murdock v. Springville Municipal Corp.) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murdock v. Springville Municipal Corp., 878 P.2d 1147, 1994 Utah LEXIS 21, 1994 WL 100701 (Utah 1994).

Opinion

HOWE, Justice:

Plaintiffs appeal from the district court’s order dismissing their petition seeking a determination of their water rights as against defendant Springville Municipal Corporation.

Plaintiffs and Springville claim water rights in Spring Creek which were established prior to 1903. In or about 1918, Springville cut off most of the Spring Creek water and diverted it into its culinary water system. Springville agreed to furnish plaintiffs’ predecessors water from Hobble Creek in exchange for water they had been using from Spring Creek. In 1936, Salt Lake City brought suit against approximately 2430 defendants to determine water rights in the streams and springs flowing into Utah Lake. In 1944, this court, in Salt Lake City v. Anderson, 106 Utah 350, 148 P.2d 346 (1944), converted the suit to a statutory suit of general adjudication pursuant to Utah Code Ann. §§ 100-4-1 through -20 (1943). 1

On September 12, 1986, the state engineer issued his proposed determination of water rights in Utah Lake and Jordan River drainage area in the general adjudication suit. The proposed determination did not address claims of plaintiffs and Springville to Spring Creek and Hobble Creek. Because of that void, both plaintiffs and Springville filed objections to the proposed determination.

On April 24, 1992, the state engineer responded by issuing an addendum to his proposed determination of water right!, addressing plaintiffs’ and Springville’s claims to water rights in Spring Creek and Hobble Creek. On April 30, 1992, pursuant to section 73-4-24 of the Utah Code (hereinafter section -24), plaintiffs filed a petition for determination of the disputes between plaintiffs and Springville. In their petition, plaintiffs asserted that them claims to the use of water from Spring Creek had a priority of 1861 and that a dispute remained between plaintiffs and Springville regarding the validity, priority, nature, and extent of the parties’ respective water rights. Plaintiffs sought an *1149 interlocutory decree determining plaintiffs’ and Springville’s respective water rights in both Spring Creek and Hobble Creek.

Springville responded by moving to dismiss the petition on the grounds that the state engineer had already addressed the issues raised in the addendum of his proposed determination and that plaintiffs’ exclusive means of relief was to file an objection pursuant to sections 73-4-11 through -15 of the Utah Code. On July 23, 1992, plaintiffs filed their objections to the addendum of proposed determination. Subsequently, the district court granted Spring-ville’s motion to dismiss and ordered plaintiffs to proceed with adjudicating their objections to the state engineer’s addendum. Plaintiffs appeal from the district court’s dismissal.

Resolution of the issues on this appeal requires interpretation of statutes, which presents a question of law. Ward v. Richfield City, 798 P.2d 757, 759 (Utah 1990); Asay v. Watkins, 751 P.2d 1135, 1136 (Utah 1988). We accord the district court’s conclusions of law no particular deference but review them for correctness. Ward, 798 P.2d at 759; Scharf v. BMG Corp., 700 P.2d 1068, 1070 (Utah 1985).

Before addressing the merits, it is necessary to address a preliminary matter. Springville argues that this court lacks jurisdiction over this appeal. Specifically, it asserts that the district court’s dismissal of plaintiffs’ section -24 petition is an interlocutory decree in the general adjudication and therefore not appealable. To support its assertion, Springville points to the portion of section -24 which provides that after a party has petitioned the district court for a determination of a water rights dispute, “the court may hear and determine the dispute and may enter an interlocutory decree to control the rights of the parties.” § 73-4-24. Spring-ville correctly states that there are two instances when an interlocutory decree is ap-pealable: first, when the district court certifies the decree as a final order pursuant to Utah Rule of Civil Procedure 54(b), and second, when the appellant obtains permission of this court to appeal the interlocutory decree pursuant to Utah Rule of Appellate Procedure 5. Because plaintiffs have not complied with either of these requirements, Springville urges this court to dismiss plaintiffs’ appeal for lack of jurisdiction.

Springville’s argument is misplaced. The very portion of section -24 on which Spring-ville’s contention is based supports our conclusion. That part of section -24 states that “the court may hear and determine the dispute,” after which the court “may enter an interlocutory decree to control the rights of the parties.” § 73-4-24 (emphasis added). The district court did not hear the petition and as a result could not make a determination of the issues raised therein. It was therefore neither necessary nor possible for the district court to enter an interlocutory decree, which plaintiffs sought by their petition.- The district court merely heard arguments in favor of and in opposition to Spring-ville’s motion to dismiss and subsequently dismissed the section -24 petition. Thus, the merits of plaintiffs’ petition were never addressed, only whether the petition was proper. In short, we have jurisdiction over this appeal from the district court’s grant of a motion to dismiss. See, e.g., Lowe v. Sorenson Research Co., Inc., 779 P.2d 668 (Utah 1989); Wilson v. Lambert, 613 P.2d 765 (Utah 1980).

We now turn to the merits of this appeal. Plaintiffs argue that the filing of the section -24 petition was appropriate for the determination of the water rights at issue because the legislature intended section -24 to provide a means for determining individual rights to water as against other individuals during the pendency of general adjudication suits.

Section -24 provides in pertinent part:

If, during the pendency of a general adjudication suit, there shall be a dispute involving the water rights of less than all of the parties to such suit, any interested party may petition the district court in which the general adjudication suit is pending to hear and determine said dispute .... Thereafter the court may hear and determine the dispute and may enter an interlocutory decree to control the rights of the parties, unless modified or *1150 reversed on appeal, until the final decree in the general adjudication suit is entered.

§ 73-4-24.

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Cite This Page — Counsel Stack

Bluebook (online)
878 P.2d 1147, 1994 Utah LEXIS 21, 1994 WL 100701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murdock-v-springville-municipal-corp-utah-1994.