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DALTON v. WADLEY

No. 9104.

11 Utah 2d 84 (1960)

355 P.2d 69

DON MACK DALTON, PLAINTIFF AND APPELLANT, v. RICHARD D. WADLEY AND JESSIE R. WADLEY; JOSEPH M. TRACY, AS STATE ENGINEER OF THE STATE OF UTAH, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

August 12, 1960.

Attorney(s) appearing for the Case

Elias Hansen, Salt Lake City, for appellant.

Walter L. Budge, Atty. Gen., Robert B. Porter, Jr., Salt Lake City, Harvard R. Hinton, Lehi, Glenn M. Acomb, Salt Lake City, for respondents.

McDONOUGH, Justice.

The plaintiff and the defendants live and own property just north of Pleasant Grove, Utah. A spring of water known as Wadley Spring is located upon the defendants' land. On September 9, 1953, the plaintiff filed an application with the State Engineer for one second foot of water from Wadley Spring, to be used for culinary purposes and incidental stock watering for 50 homes to be constructed, and also for four homes already furnished with such water...

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