per day, and
that some properties in the Albion Basin Subdivision had been
receiving water in unmetered amounts. Id.
    ¶ 4 As in his first federal suit, the federal court again ruled against
Mr. Haik. It noted that there was a ―substantial overlap between [the
facts in the first federal lawsuit] and the allegations supporting the
Haiks’ [current claims].‖ Id. at 633. It found that his civil conspiracy
claim was barred by claim preclusion because he could have raised it in
his first federal lawsuit, but neglected to do so. Id. at 633–34. It also
found that his due process claims were precluded by issue preclusion,
because they depended on his having a protected property interest in
the water that Salt Lake City refused to supply him, and this question
was resolved against him in hisfirst lawsuit. Id. at 627–31. And it
concluded that his misrepresentation and equal protection claims,
though to an extent predicated on new facts, failed to state a claim. Id.
at 631–33, 634–35.
    ¶ 5 After Mr. Haik lost his second federal suit, Salt Lake City sued
him in state court seeking to adjudicate Mr. Haik’s and others’ interests
in water rights in Little Cottonwood Creek and to quiet title to a
portion of the flow of the South Despain Ditch that several defendants,
including Mr. Haik, allegedly claim for themselves. Mr. Haik has used
this suit as an opportunity to take yet a third bite at the apple.
Adducing exactly the same facts that he put before the federal district
court in 2012, Mr. Haik has alleged as counterclaims that he is entitled
to water under