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IN RE ESCALANTE VALLEY DRAINAGE AREA

No. 9146.

11 Utah 2d 77 (1960)

355 P.2d 64

IN THE MATTER OF THE GENERAL DETERMINATION OF RIGHTS TO THE USE OF ALL WATER, BOTH SURFACE AND UNDERGROUND, IN THE ESCALANTE VALLEY DRAINAGE AREA. IN RE WATER USER'S CLAIM NO. 1420, UNDERGROUND WATER CLAIM NO. 10150, CLAIMANT LEO E. MAYER. LEO E. MAYER, PLAINTIFF AND APPELLANT, v. WAYNE D. CRIDDLE, STATE ENGINEER OF THE STATE OF UTAH, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

August 25, 1960.

Attorney(s) appearing for the Case

Sam Cline, Cline, Wilson, & Cline, Milford, for appellant.

Walter L. Budge, Atty. Gen., for respondent.

WADE, Justice.

The trial court determined that the plaintiff is entitled to the use of water from a well located upon his land for the irrigation of five acres of cultivated land. From that determination the plaintiff appeals.

In 1928, Fred W. O'Leary, the plaintiff's predecessor in interest, commenced the irrigation of his land from a well located on the land. In 1936 O'Leary filed a notice of claim to this ground water with the state engineer. In this notice...

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