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Court of Appeals weighs whether unapproved water-right applications survive an applicant’s death
Summary
The Utah Court of Appeals heard oral arguments in Marriott v. Wilhelmsen over whether an unapproved water-right application is an inchoate property interest that survives an applicant’s death or a personal claim that extinguishes at death; the panel pressed both sides on the limits of common-law survivability and statutory text.
The Utah Court of Appeals heard argument on whether claims arising from an unapproved application to appropriate water survive the applicant’s death, in Marriott v. Wilhelmsen. Appellant counsel Robert Mansfield urged reversal of a district judge’s order that denied substitution of the decedent’s personal representative and held the claims extinguished.
Mansfield framed the dispute as a legal question: “The fundamental issue here before the court is whether these claims asserted by mister Marriott did or did not survive his death,” he told the panel, arguing the application is an inchoate property right that confers priority and can…
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