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Sanpete Water Conservancy Dist. v. Carbon Water Conservancy Dist.

"No protest" provision of agreement resolving dispute over water rights only prohibited water district from protesting existing applications for required permits by competitor, and water district did not breach agreement or implied duty of good faith and fair dealing by challenging competitor's subsequent applications for permits needed to construct dam project.

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The full case caption appears at the end of this opinion.

This case flows from yet another skirmish in the never-ending war over water in the American West. Sanpete Water Conservancy District (Sanpete) and CarbonWater Conservancy District (Carbon) are the long-time combatants, and frequent litigants, in this battle concerning the capture and use of water in the Price Riverwatershed in Utah. This most recent lawsuit is a contract interpretation case. The district court granted partial summary judgment to Carbon on Sanpete’s breach ofcontract claim and, after a four-day bench trial, entered judgment against Sanpete on its claim of breach of the implied covenant of good faith and fair dealing.Sanpete appeals. We exercise jurisdiction pursuant to 28 U.S.C. � 1291 and affirm. [FOOTNOTE 1]

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