SHIELDS v. DRY CREEK IRRIGATION COMPANY

No. 9425.

12 Utah 2d 98 (1961)

363 P.2d 82

PAUL L. SHIELDS, PLAINTIFF AND APPELLANT, v. DRY CREEK IRRIGATION COMPANY, A CORPORATION, AND WAYNE D. CRIDDLE, STATE ENGINEER, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

June 28, 1961.


Attorney(s) appearing for the Case

Marr, Wilkins & Cannon, Moreton, Christensen & Christensen, Salt Lake City, for appellant.

James E. Faust and J. Lambert Gibson, Salt Lake City, Walter L. Budge, Atty. Gen., Richard Boyle, Dallin W. Jensen, Assts. Atty. Gen., for respondent.


CROCKETT, Justice.

Plaintiff appeals from a decision of the district court which sustained the State Engineer's rejection of his application to appropriate water.

Prior to 1903 a number of families had settled in the southeast part of Salt Lake County near what is now Holladay, and by putting the water to a beneficial use, acquired rights to use the water from Dry Creek Spring.1 It was used mainly for irrigation; however, six families...

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