Jensen v. Jones
Annotate this CaseMarilyn Hamblin, the owner of a water right, filed a permanent change application with the state engineer seeking to change her water right's place of use and point of diversion. The state engineer denied the application, declaring that Hamblin had forfeited her water right. Hamblin filed a petition for judicial review. The district court granted the state engineer's motion for summary judgment and denied Hamblin's cross-motion for summary judgment, basing its decision primarily on the determination that Hamblin's water right had been forfeited by operation of law by her nonuse. The Supreme Court reversed and remanded, holding that the state engineer lacked statutory authority to consider non-adjudicated forfeiture when making a decision to approve or reject a permanent change application.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.