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BULLOCK v. TRACY

No. 8318.

4 Utah 2d 370 (1956)

294 P.2d 707

K.E. BULLOCK AND MERTILLA J. BULLOCK, HIS WIFE; BERT K. BULLOCK AND MARIE BULLOCK, HIS WIFE; AND LEE H. BAYLISS AND IRENE W. BAYLISS, HIS WIFE, PLAINTIFFS AND RESPONDENTS, v. JOSEPH M. TRACY, AS STATE ENGINEER OF THE STATE OF UTAH; KEITH G. MORROW AND VIVIAN PARK HOME OWNERS ASSOCIATION, SUCCESSORS OF L.E. EGGERTSEN, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

March 9, 1956.

Attorney(s) appearing for the Case

E.R. Callister, Atty. Gen., Robert B. Porter, D.A. Skeen, Salt Lake City, George S. Ballif, Provo, for appellants.

Aldrich & Bullock, Provo, for respondents.

WADE, Justice.

Plaintiffs, respondents here, instituted this action as an appeal from the decision of the State Engineer approving defendants' application to appropriate the water of a spring area on the southeasterly side of Provo Canyon above Vivian Park. During 1914 and 1915 a water-works system was developed to appropriate the water of that spring area and since that time the inhabitants of that Park have used water from such spring area to satisfy their irrigation...

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