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FAIRFIELD IRRIGATION COMPANY v. WHITE

No. 10448.

18 Utah 2d 93 (1966)

416 P.2d 641

FAIRFIELD IRRIGATION COMPANY, A CORPORATION, ET AL., PLAINTIFFS AND RESPONDENTS, v. M. KENNETH WHITE, DEFENDANT AND APPELLANT. RALPH M. SMITH, DEFENDANT AND RESPONDENT, v. COOPERATIVE SECURITY CORPORATION, A NON-PROFIT CORPORATION OF THE STATE OF UTAH, ADDITIONAL DEFENDANT ON CROSS COMPLAINT AND RESPONDENT.

Supreme Court of Utah.

July 12, 1966.

Attorney(s) appearing for the Case

Joseph Novak, Salt Lake City, for appellant.

E.W. Clyde, Salt Lake City, for respondent Fairfield Irr. Co.

O. DeVere Wootton, American Fork, for respondent Ralph M. Smith.

H.D. Lowry, Salt Lake City, for respondent Cooperative Security Corp.

CROCKETT, Justice:

In contest here are rights to the use of underground waters in Cedar Valley, a small valley to the west of Utah Lake in central Utah.

Fairfield Irrigation Company (herein called Fairfield) and its stockholders have anciently established rights1 to put to beneficial use waters arising from a spring area called Fairfield Springs, just west of the town of Fairfield in Utah County. Since 1951 the defendant, M. Kenneth...

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