CARBON CANAL CO. v. COTTONWOOD-GOOSEBERRY IRRIG. CO.

No. 10599.

19 Utah 2d 131 (1967)

427 P.2d 396

CARBON CANAL COMPANY, A CORPORATION ET AL., PLAINTIFFS AND APPELLANTS, v. COTTONWOOD-GOOSEBERRY IRRIGATION COMPANY, INC., A CORPORATION ET AL., DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

May 1, 1967.


Attorney(s) appearing for the Case

E.J. Skeen, Salt Lake City, S.V. Litizzette, Helper, Luke Pappas, Price, for appellants.

Arthur H. Nielsen, Phil L. Hansen, Atty. Gen., Dallin W. Jensen, Asst. Atty. Gen., Salt Lake City, for respondents.


HENRIOD, Justice.

Appeal from a judgment against Carbon interests who claimed defendant irrigation company, (hereinafter referred to as Gooseberry) had not shown it had beneficially used 3,020 acre feet of water to which it had an ancient right before the turn of the century. Affirmed with costs to defendants.

Way back, sometime, Gooseberry had a right to use the water. The record fairly indicates that it tried to transport the water by circuitous porous earthen...

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