EnerVest v. Utah State EngineerAnnotate this Case
The Supreme Court dismissed this appeal from a contest over the state water engineer’s resolution of who owned the water rights to Minnie Maud Creek, holding that the Court lacked jurisdiction because the district court’s certification of its summary judgment ruling as final under Utah R. Civ. P. 54(b) was improper.
The district court granted summary judgment upholding the state engineer’s proposed determination that The Minnie Maud Reservoir and Irrigation Company was the owner of the disputed water rights. EnerVest and Hammerschmid Trust appealed. The Supreme Court dismissed the appeal for lack of jurisdiction, holding (1) the Court did not have a final judgment before it for review; and (2) EnerVest lacked appellate standing because it was not aggrieved by the district court’s decision and so lacked appellate stand, and therefore, the Court declined to exercise its discretion to treat this appeal as a petition for interlocutory appeal.