EAST BENCH IRRIGATION COMPANY v. STATE

No. 8487.

5 Utah 2d 235 (1956)

300 P.2d 603

EAST BENCH IRRIGATION COMPANY ET AL., PLAINTIFFS AND RESPONDENTS, v. STATE OF UTAH, JOSEPH M. TRACY, STATE ENGINEER OF THE STATE OF UTAH, DESERET IRRIGATION COMPANY, ET AL., DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

August 11, 1956.


Attorney(s) appearing for the Case

Thorpe Waddingham, Delta, E.R. Callister, Jr., Atty. Gen., Robert B. Porter, Asst. Atty. Gen., Sam Cline, Milford, Nephi J. Bates, Richfield, C.W. Wilkins, Richard H. Nebeker, Salt Lake City, Ferdinand Erickson, Richfield, for appellants.

McKay, Burton, McMillan & Richards, Paul Reimann, Salt Lake City, for respondents.


WADE, Justice.

What provisions should be included in the district court's judgment is the question raised by this appeal. The State Engineer rejected the applications of the respondents, who are the plaintiffs in this action, to change the place of diversion and the place and manner of use of the waters of the South Fork of the Sevier River. The district court on appeal reversed that decision and we affirmed its holding that the applications should be approved but...

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