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GUNNISON-FAYETTE CANAL CO. v. GUNNISON IRR. CO.

No. 11209.

448 P.2d 707 (1968)

GUNNISON-FAYETTE CANAL COMPANY, a Utah corporation, Plaintiff and Respondent, v. GUNNISON IRRIGATION COMPANY, a Utah corporation, Defendant and Appellant.

Supreme Court of Utah.

December 5, 1968.

Attorney(s) appearing for the Case

Macoy A. McMurray, of McKay & Burton, Salt Lake City, for appellant.

Ken Chamberlain, of Olsen & Chamberlain, Richfield, for respondent.

ELLETT, Justice:

This is an appeal by Gunnison Irrigation Company from a summary judgment decreeing priorities in the use of water to plaintiff, Gunnison-Fayette Canal Company, and a cross-appeal by the plaintiff from a summary judgment holding that plaintiff cannot recover for water allegedly wrongfully appropriated by the defendant.

On November 30, 1936, the "Cox Decree" was signed by Judge LeRoy H. Cox, adjudicating all of the rights to the waters of the...

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