4 Utah 2d 370 - Bullock v. Tracy’s Empirical Analysis

Citation profile

2 federal appellate · 7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The conclusion of the administrator that the permit applied for will or will not impair existing water rights is not conclusive or binding on any party. 559 It is made for the administrative use of the State agency in passing on the application pending before it. This decision is subject to review in the courts, in which the matter of impairment of existing rights may be judicially determined as between the conflicting claimants. "The State Engineer is an administrative, not a judicial officer. In deciding whether an application to appropriate water should be approved or rejected, he exercises an executive function to ascertain for his own guidance whether there is reason to believe from the evidence that there are unappropriated waters in the proposed source of supply which can be appropriated without impairing existing rights. 560 This determination merits consideration by the judiciary, but it has no binding force on the final determination of the latter. 561 But even if a permit should be issued, and the administrative act be not overturned by the reviewing court, the permit still would be junior to all preexisting rights of appropriation that attach to the same source of supply. An attempt to exercise it in contravention of these preexisting rights would be subject to injunction.”

   1 later decision quote this exact passage
   e.g. Salmon River Canal Co. v. Bell Brand Ranches, Inc.