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PIUTE RESERVOIR & IRR. CO. v. WEST PANGUITCH I. & R.

No. 9411.

12 Utah 2d 168 (1961)

364 P.2d 113

PIUTE RESERVOIR & IRRIGATION COMPANY, DESERET IRRIGATION COMPANY, ET AL., PLAINTIFFS AND APPELLANTS, v. WEST PANGUITCH IRRIGATION & RESERVOIR COMPANY, STATE OF UTAH, AND WAYNE D. CRIDDLE, STATE ENGINEER OF THE STATE OF UTAH, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

August 28, 1961.

Attorney(s) appearing for the Case

Marr, Wilkins & Cannon, Richard H. Nebeker, Salt Lake City, Sam Cline, Milford, Thorpe Waddingham, Delta, Olsen & Chamberlain, Richfield, for appellants.

McKay & Burton, Henry D. Moyle, Salt Lake City, Walter L. Budge, Atty. Gen., Richard R. Boyle and Dallin W. Jensen, Asst. Attys. Gen., for respondents.

WADE, Chief Justice.

On March 17, 1957, West Panguitch Irrigation & Reservoir Company filed an application with the State Engineer for a permit to change a part of their established winter direct flow water rights to a right to store this winter water in a reservoir not yet constructed. Hereinafter we will sometimes refer to the West Panguitch Irrigation & Reservoir Company as applicant, or West Panguitch Company, it being one of the respondents and a defendant...

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