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COWLEY v. WATTERSON

No. 8467.

5 Utah 2d 275 (1956)

300 P.2d 632

ERNEST W. COWLEY, A/K/A E.W. COWLEY, AND C. FRANK COWLEY, A/K/A C.F. COWLEY, PLAINTIFFS AND APPELLANTS, v. J.L. WATTERSON, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

August 13, 1956.

Attorney(s) appearing for the Case

L.E. Nelson, Logan, LeRoy B. Young, Ogden, for appellants.

Preston & Harris, Logan, for respondent.

McDONOUGH, Chief Justice.

Prior to 1912, plaintiffs Cowley maintained an irrigation ditch developed from a natural water course of the Tarbet or Blue Springs (contributing springs of the Swift Springs) to carry water to and from their farm lands in Cache County. In 1913, condemnation proceedings granted a right of way to the Oregon Short Line Railroad through the plaintiffs' land and the railroad track, when built, cut through the ditch, retaining the water from the...

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