Spears v. Warr

2002 UT 24, 44 P.3d 742, 443 Utah Adv. Rep. 13, 2002 Utah LEXIS 35, 2002 WL 377522
CourtUtah Supreme Court
DecidedMarch 8, 2002
Docket20000435
StatusPublished
Cited by53 cases

This text of 2002 UT 24 (Spears v. Warr) 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
Spears v. Warr, 2002 UT 24, 44 P.3d 742, 443 Utah Adv. Rep. 13, 2002 Utah LEXIS 35, 2002 WL 377522 (Utah 2002).

Opinion

WILKINS, Justice.

1 1 This case involves a dispute over irrigation water rights, particularly whether water rights were paid for as part of a transfer of land and should have been conveyed, or whether the water rights were promised to be transferred as a separate transaction for additional consideration. The trial court concluded that the plaintiffs paid for the water rights at the time they paid for the lots, and that the parties agreed that the water rights would be transferred subsequent to the land *746 transaction. We affirm the judgment of the trial court.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

{2 On appeal from a bench trial, "findings of fact ... shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses." Utah R. Civ. P. 52(a); Tanner v. Carter, 2001 UT 18, ¶ 2, 20 P.3d 882. Accordingly, we relate the facts granting due deference to the trial court's resolution of factual disputes. Tanner, 2001 UT 18 at ¶ 2, 20 P.3d 332.

T3 This dispute arises from the sale of land by defendants Edward C. Warr and Hazel Warr ("the Warrs"). The Warrs purchased approximately 110 acres of land in Tooele County, subdivided it, and then sold five-acre parcels. Plaintiffs Melvin and Sandy Spears, Freddie and Karen Martinez, Heidi Jo Thomas, 1 and Wayne V. Reynolds purchased their lots directly from the Warrs. The other plaintiffs, Wayne D. and Miriam Lewis and Clifford and Tonja Ruben did not receive title directly from the Warrs. Instead, the Lewises received their lot from Howard and Lora Lee Crittenden, who purchased the lot from the Warrs; and the Rubens, although they bargained with the Warrs, received their lot from Cathy Warr Johnson who received the lot from the Warrs.

T4 In addition to the land, the Warrs also owned a 40% interest in irrigation water from Rose Spring that they planned to use to irrigate the subdivision. Their use of the water was protested by a neighbor, Max Bleazard. Bleazard filed suit in April 1987, and in defense of that claim, the Warrs filed an affidavit, which states:

3. We filed [an application] with the Utah State Engineer to change the point of diversion, place and nature of use ... to facilitate the use of such water for irrigation, domestic and stock watering uses on our property and on the Rocky Top Subdivision....
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8. We subdivided and platted the Rocky Top Subdivision with the intent of selling platted plots with water developed from our interest in the Rose Spring, in reliance on the State Engineer's Memorandum Decision of November 2, 1984.
9. We have sold six of the eleven lots in the Rocky Top Subdivision upon our representation that gravity flow irrigation water would be provided to such lots from our interest in the Rose Spring.
10. Due to the pending quiet title action concerning the Rose Spring filed by Dale Max Bleazard, J.N. Ward Engineering has been unable to construct the planned metering and diversion system for the Rose Spring and we have been unable to provide gravity flow irrigation water through such facilities to the Rocky Top Subdivision.

At some point the Warrs received rights to ©.99 cfs or 24.8% of the flow" of the spring.

T5 From 1986 to 1997, the plaintiffs received title to their respective lots by warranty deed. During the negotiating process each plaintiff understood, based on the Warrs' representations to them, that irrigation water rights were included as part of the purchase price of the lots 2 However, the deeds conveying title to the lots did not convey irrigation water rights. According to the Warrs, irrigation water rights were not paid for as part of the purchase price of the lots because they were not part of the agreement, and, consequently, not conveyed at the time of closing because ownership of the water was in dispute with Bleazard. Re *747 gardless, after the lots were purchased, plaintiffs repeatedly asked why the water rights had not yet been provided. In response, the Warrs indicated that the water rights could not yet be transferred because of the Bleazard dispute, because the pipeline was not yet finished, or because the deeds were still being prepared. Nevertheless, pri- or to 1995, the Warrs assured plaintiffs that they intended to provide the water as soon as possible.

T6 After the Bleazard dispute was, to a certain extent, resolved, the Warrs began installing an underground pipeline to channel the Rose Spring irrigation water to the lots. 3 Some of the plaintiffs helped pay for and participated in the physical installation: of part of the pipeline. Then, in 1994, after the Warrs had entered into a conditional agreement with Bleazard, they began conveying water rights to their children who owned lots in the subdivision. Though the Warrs conveyed deeds for water to their children, they did not convey deeds to the plaintiffs. Instead, the Warrs requested additional money, $2,500 to $5,000, to deed plaintiffs the irrigation water rights. The plaintiffs, however, refused to pay additional money for the water rights, 4 contending instead that they had already paid for the irrigation water rights as part of the purchase price of their lots. 5

17 On September 4, 1996, the Warrs sought an extension of time from the State Engineer to put the water to beneficial use, and in so doing stated:

We are in the process of upgrading the "source" water line in order to use 100 percent of water rights. We need additional time to accomplish upgrading the source line (currently 4") to a new 12" line. The line is estimated to be approximately one mile in length requiring upgrade. The "place of use" water lines have been developed.

On September 28, 1998, the Warrs sought another extension of time from the State Engineer. In support of their request they stated:

Some water being used through railroad pipeline. Larger line from Rose Spring may be needed to convey all water under this change. Am currently pursuing change applications to take some water from wells in leu of springs. Additional time is needed to fully develop water from spring or transfer rights to the wells.

18 Plaintiffs filed suit in January 1999, claiming specific performance, demanding that the Warrs convey irrigation water rights to them, and alternatively requesting damages. Following a three-day bench trial in March 2000, the district court ruled for the plaintiffs, ordering the Warrs to convey to plaintiffs by quitclaim deed "sufficient water from their interest in the Rose Spring to irrigate each of their five-acre lots, i.e., 0.079 cfs for each lot." Defendants appeal.

T9 The essence of the Warrs' argument is that they never intended, nor did the parties agree, that irrigation water rights would be conveyed as part of the original land transaction.

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Cite This Page — Counsel Stack

Bluebook (online)
2002 UT 24, 44 P.3d 742, 443 Utah Adv. Rep. 13, 2002 Utah LEXIS 35, 2002 WL 377522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spears-v-warr-utah-2002.