Salt Lake Telegram | 1925-10-30 | Page 2 | Protests Covered in Cluff Opinion

Protests Covered I in Cluff Oluff Opinion In an opinion of ot Attorney General General Gen Gen- eral Harvey H. H Cluff the state engineer engineer engineer engi engi- neer is advised that he may receive protests protest against the granting of an application to divert water after the then n necessary thirty days protesting period period pe pe- pe- pe nod has expired The matter at issue was the protest protest protest pro pro- test of the Lower Mill Creek Irrigation tion company against granting the application of ot D. D B. B Brinton who would appropriate waters which the protestant declares is owned by the Lower Mill Creek Irrigation com corn pany The was not presented presented pre pre- seated to the state engineer until fifteen days after the perIod fixed by the statutes and the engineer r declined to receive the J The attorney general holds that I the statute does not make anything anything any any- thing specifically binding In that regard in that it simply states any I person may at any time within thirty thirty thirty thir thir- ty days after the completion of ot the publication of notice file tilo his written written writ writ- ten protest Of Ot course says Attorney Attorney Attorney At At- torney General Cluff duff If It after the thirty day period has expired you have taken action and granted the application and gone on with other procedure customary In such doses cases ses a-ses then and In that event I do not think that you would be required to ac accept accept accept ac- ac a ti protest The ruling of ot the tho attorney general general general gen gen- eral sets aside all rules of ot the state engineers engineer's office which have been In vogue pertaining to the receIvIng receiving receiving ing of ot protests