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PIUTE RES. & IRR. CO. v. WEST PANGUITCH IRR. & RES. CO.

No. 9411.

13 Utah 2d 6 (1962)

367 P.2d 855

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.

January 9, 1962.

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, Dallin W. Jensen, Asst. Attys. Gen., for respondents.

WADE, Chief Justice.

We granted a rehearing on this appeal by plaintiffs, Piute Reservoir & Irrigation Company and the other lower water users of the Sevier River, from the conditional allowance of defendant, West Panguitch Irrigation & Reservoir Company's application to change the use of 700 acre feet of winter water of Panguitch Creek to reservoir storage until the dry summer season, then to be used to supplement the watering of land already under irrigation...

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