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Utah Supreme Court Addresses the Limitations of Judicial Continuing Jurisdiction In Water Decrees

In this case the Utah Supreme Court was asked to determine the narrow issue of whether the Little Cottonwood Tanner Ditch Company, Richards Ditch Company and Walker Ditch Company (Companies) can modify substantive provisions in the Little Cottonwood Morse Decree (Decree) through a post-judgment motion 100 years after the issuance of the Decree. The Court held it could not, and invited the Companies to file a new complaint to litigate their contract claims. [Little Cottonwood Tanner Ditch Company, et al. v. Sandy City; Sandy Irrigation Company, et al, 2016 Utah 45 (Utah Oct. 21, 2016).]

(Steven E. Clyde)