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IN RE ESCALANTE VALLEY DRAINAGE AREA

No. 9283.

12 Utah 2d 112 (1961)

363 P.2d 777

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 USERS' CLAIMS NOS. 551, 479, 611, 612 AND 1342. J. DELMAR KIRK, EXECUTOR OF THE ESTATE OF D.E. KIRK, DECEASED ET AL., PLAINTIFFS AND APPELLANTS, v. WAYNE D. CRIDDLE, STATE ENGINEER OF THE STATE OF UTAH; AND MILFORD PRIMARY RIGHTS PUMPERS ASSOCIATION, AN UNINCORPORATED ASSOCIATION, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

July 14, 1961.

Attorney(s) appearing for the Case

Cline, Wilson & Cline, Milford, for appellants.

Walter L. Budge, Atty. Gen., Richard R. Boyle, Asst. Atty. Gen., E.J. Skeen, Salt Lake City, for respondents.

CROCKETT, Justice.

Plaintiffs appeal from a decree entered in a general adjudication of water rights in what is known as the Escalante Valley Drainage Area, which decree disallowed their claims to underground waters on the basis of our statute which provides for forfeiture of water rights in the event of nonuse for a period of five years.1

Their claims are based on wells which had been dug and used during the 1920's in connection...

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