Haik v. Jones

The Supreme Court affirmed the district court’s finding that Mark Haik lacked standing to challenge a change application that sought to add acreage to accommodate a private water system and the court’s denial of Haik’s motion to amend his petition, holding that the district court did not err or abuse its discretion.Haik, who wanted water for his undeveloped canyon lots, challenged a change application that would add acreage to accommodate a water system that would serve ten homes in Little Cottonwood Canyon. After the State Engineer approved the application, Haik filed petition seeking a trial de novo of the State Engineer’s order. Haik also moved for leave to amend. The district court dismissed Haik’s petition, concluding that it lacked jurisdiction because Haik lacked standing where the change application did not directly impact Haik’s property or his water rights. The court also denied Haik’s motion to amend. The Supreme Court affirmed, holding (1) Haik lacked standing because he was not aggrieved by an order of the State Engineer; and (2) Haik’s motion to amend was properly denied because Haik did not attach a proposed amended petition and any amendment would be futile. View "Haik v. Jones" on Justia Law