HUBER v. DEEP CREEK IRRIGATION COMPANY

No. 8432.

6 Utah 2d 15 (1956)

305 P.2d 478

ELMER HUBER AND ROY HUBER, PLAINTIFFS AND RESPONDENTS, v. DEEP CREEK IRRIGATION COMPANY, A CORPORATION, OLLIE W. JUSTICE, ORLAND COOK, DARVALL COOK AND BEN COOK, DEFENDANTS AND APPELLANTS, MOSBY IRRIGATION COMPANY, INTERVENOR.

Supreme Court of Utah.

December 27, 1956.


Attorney(s) appearing for the Case

Arthur H. Nielsen, Salt Lake City, for appellants.

Clyde & Mecham, Salt Lake City, for respondents.

Ray E. Dillman, Roosevelt, for intervenor.


HENRIOD, Justice.

Appeal from a judgment for plaintiffs quieting title to water rights claimed under state Certificate 1477. Affirmed, costs to plaintiffs.

Defendants say 1) the court erred in fixing plaintiffs' priority as of January 10, 1908, and in concluding that their rights had not been lost or delayed, 2) in failing to find an abandonment of use, and 3) that plaintiffs failed to show right to use by failing to show that the land did not carry the burden...

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