STEPHENS v. BURTON

No. 14066.

546 P.2d 240 (1976)

Lee M. STEPHENS and Gwen Stephens, Plaintiffs and Respondents, v. Myrtle BURTON et al., Defendants and Appellants.

Supreme Court of Utah.

February 10, 1976.


Attorney(s) appearing for the Case

S. Rex Lewis, of Howard, Lewis & Petersen, Provo, for Burtons.

Rodney S. Page, of Hess, Palmer, Van Wagenen & Page, Clearfield, for Jones and Dillree.

LaVar E. Stark, Ogden, Joseph Novak, Salt Lake City, for respondents.


ELLETT, Justice:

The Burtons appeal from a finding and judgment of the trial court, holding that the Stephens did not convey all water rights which they owned in the flow of some springs.

The Stephens and defendant Jones owned the right to use the flow of water equally. The amount of water awarded to them was.03 cubic feet per second or 13.46 gallons per minute. Thus the Stephens had a right to use 6.73 gallons per minute — which amount was to be used...

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