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ORDERVILLE IRRIGATION CO. v. GLENDALE IRRIGATION CO.

No. 10325.

17 Utah 2d 282 (1965)

409 P.2d 616

ORDERVILLE IRRIGATION COMPANY, A CORPORATION, MT. CARMEL IRRIGATION COMPANY, A CORPORATION, HENRY CARROLL, MERRILL MAC DONALD, HOWARD SPENCER, LYLE CHAMBERLAIN, M.G. HOLGATE, FRANK HEATON, FRED MAJOR, DUKE AIKEN AND DUNCAN MacDONALD, PLAINTIFFS AND RESPONDENTS, v. GLENDALE IRRIGATION COMPANY AND WAYNE D. CRIDDLE, UTAH STATE ENGINEER, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

December 30, 1965.

Attorney(s) appearing for the Case

Phil Hansen, Atty. Gen., Dallin W. Jensen, Asst. Atty. Gen., Sam Cline, Milford, for appellants.

Olsen & Chamberlain, Ken Chamberlain, Richfield, for respondents.

CROCKETT, Justice:

This is a contest over claimed priorities in the rights to use the waters of the East Fork of the Virgin River located in Kane County, Utah.

Defendant, Glendale Irrigation Company, contends that it is entitled to priority in taking water represented by its shares before any water is available to the plaintiffs; whereas, the plaintiffs, Orderville Irrigation Company, Mount Carmel Irrigation Company, et al. contend that their rights to use...

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