Crafts v. Hansen’s Empirical Analysis
1983
Citation profile
2 state decisions
Relationships
Relies on Schaer v. STATE BY & THROUGH UTAH DEPT. · Whitmore v. Murray City · Little Cottonwood Water Co. v. Kimball · Tanner v. Bacon, State Engineer · 5 Utah 2d 235 - EAST BENCH IRRIGATION COMPANY v. State
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he determinative question before the trial court will be whether there is reason to believe, on the basis of current information, that existing water rights will not be impaired by the changes proposed in the applications. Once the respondents make a prima facie showing at trial that there is reason to believe, on the basis of available data, that the changes can be lawfully approved, the appellants will have the burden of proving by a preponderance of the evidence either that the available data is insufficient to give rise to ‘reason to believe’ or that available data in fact creates a reason to believe that the changes cannot be lawfully approved.”
1 later decision quote this exact passage“[t]he future impact of changes in allocation and use of water resources in a large geographical area is not generally susceptible of direct observation, measurement and calculation. Great reliance must be placed upon expert judgment based on professional knowledge and training, familiarity with the geography, and as much accurate data as can be acquired in the process of mak ing future projections.... [W]e are not dealing so much with “facts” ... as with the opinion of experts about the accuracy and legitimacy of the projections based upon the available facts.”
1 later decision quote this exact passage“change application cannot be rejected without a showing that vested rights will thereby be substantially impaired.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.