Utah Supreme Court

Can the state engineer declare water right forfeiture in change applications? Jensen v. Jones Explained

2011 UT 67
No. 20090742
October 28, 2011
Reversed

Summary

Marilyn Hamblin owned a water right that had not been used for over 20 years, and when she sought to change its place of use and point of diversion, the state engineer denied the application based on forfeiture. The district court granted summary judgment for the state engineer, concluding that the water right had been forfeited by operation of law.

Analysis

In a significant decision for Utah water law practitioners, the Utah Supreme Court in Jensen v. Jones established clear boundaries on the state engineer’s authority when reviewing water right change applications.

Background and Facts

Marilyn Hamblin owned Water Right No. 55-11041 for diversion from Spring Creek, a tributary of the Provo River. After the creek went completely dry in 2002, Hamblin filed a permanent change application in 2004 seeking to change the water right’s place of use and point of diversion to Highland City. The state engineer denied the application, finding the water right had not been used for over 20 years and concluding it had been forfeited under Utah Code section 73-1-4. The district court granted summary judgment for the state engineer, agreeing that automatic forfeiture had occurred.

Key Legal Issues

The primary issue was whether the state engineer has authority to determine that a water right forfeiture has occurred when reviewing a change application. A secondary issue involved whether amendments to the forfeiture statute requiring judicial action applied retroactively.

Court’s Analysis and Holding

The Utah Supreme Court held that the state engineer lacks authority to adjudicate forfeiture issues in change application proceedings. The court emphasized that the state engineer “acts in an administrative capacity only and has no authority to determine rights of parties.” Instead, when reviewing change applications, the state engineer must follow the statutory criteria in Utah Code section 73-3-8(1), none of which involves forfeiture determinations. The court noted that “the determination of existing [water] rights… is peculiarly a judicial function.”

Practice Implications

This decision provides important guidance for water law practitioners. The state engineer retains options when forfeiture appears likely, including staying change applications pending judicial adjudication, bringing suit under Utah Code section 73-2-1, or granting conditional approval. However, the engineer cannot simply declare forfeiture and deny applications on that basis. Practitioners should challenge state engineer decisions that exceed these statutory limitations and argue for proper judicial proceedings when forfeiture issues arise.

Original Opinion

Link to Original Case

Case Details

Case Name

Jensen v. Jones

Citation

2011 UT 67

Court

Utah Supreme Court

Case Number

No. 20090742

Date Decided

October 28, 2011

Outcome

Reversed

Holding

The state engineer lacks authority to declare a water right forfeited when reviewing a change application and must instead follow the statutory criteria set forth in Utah Code section 73-3-8(1).

Standard of Review

Correctness for summary judgment decisions

Practice Tip

When challenging a state engineer’s decision based on forfeiture grounds, argue that the engineer exceeded statutory authority since forfeiture determinations are judicial functions beyond administrative scope.

Need Appellate Counsel?

Lotus Appellate Law handles appeals before the Utah Court of Appeals, Utah Supreme Court, California Court of Appeal, and the United States Court of Appeals for the Tenth Circuit.

Related Court Opinions

    • Utah Court of Appeals

    State v. Gourdin

    December 31, 2015

    A trial court does not abuse its discretion by refusing to include language about victim’s prior violent acts or propensities in a self-defense jury instruction when there is no record evidence supporting the defendant’s theory that the victim had such propensities known to the defendant at the time of the altercation.
    • Constitutional Rights
    • |
    • Evidence and Admissibility
    • |
    • Jury Instructions
    Read More
    • Utah Court of Appeals

    State v. Apodaca

    June 28, 2018

    Statements obtained in violation of Miranda may be used for impeachment purposes if they were voluntarily given, and an erroneous jury instruction on accomplice liability mental state requirements does not warrant reversal absent a showing of prejudice.
    • Constitutional Rights
    • |
    • Evidence and Admissibility
    • |
    • Ineffective Assistance of Counsel
    • |
    • Jury Instructions
    Read More
About these Decision Summaries

Lotus Appellate Law publishes these summaries to keep practitioners informed — not as legal advice. Each case turns on its own facts. If a decision here is relevant to your matter, we’re happy to discuss it.