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EAST BENCH IRR. CO. v. DESERET IRR. CO.

No. 7990.

2 Utah 2d 170 (1954)

271 P.2d 449

EAST BENCH IRR. CO. ET AL. v. DESERET IRR. CO. ET AL.

Supreme Court of Utah.

May 28, 1954.

Attorney(s) appearing for the Case

E.R. Callister, Jr., Atty. Gen., Robert B. Porter and John W. Horlsey, Salt Lake City, Nephi J. Bates, Richfield, Dudley Crafts, Delta, Sam Cline, Milford, Ferdinand Erickson, Richfield, Marr, Wilkins & Cannon, Richard H. Nebeker, Salt Lake City, for appellant.

Wilford M. Burton, and Paul Reimann, Salt Lake City, for respondent.

WADE, Justice.

What vested rights do the lower water users of a river system have which may not be impaired under section 73-3-3, U.C.A. 1953,1 by a change in the place of diversion or place or nature of use by the higher users of the waters of such system? This is the main question presented by this appeal.

Plaintiffs, respondents here, consist of 23 different water users on the south fork of the Sevier River. Each of them is...

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