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BAUER v. PRESTWICH

No. 15233.

578 P.2d 1283 (1978)

Forrest Q. BAUER and Dennis L. Bauer, Plaintiffs and Respondents, v. Kent PRESTWICH and Mrs. Kent Prestwich, his wife, Orval Wright and Mrs. Orval Wright, Defendants and Appellants.

Supreme Court of Utah.

April 21, 1978.

Attorney(s) appearing for the Case

Thorpe A. Waddingham, Delta, Michael W. Park, Cedar City, for defendants and appellants.

Orville Isom, Cedar City, for plaintiffs and respondents.

ELLETT, Chief Justice:

This appeal involves the right to use the water from a spring on land owned by the respondents (hereafter called Bauer). The water from this spring had been used continuously by Bauer and his predecessors in interest since before 1903 and, therefore, Bauer asserts a "diligence claim" to the water.1

The appellants (hereafter called Prestwich) also claim a diligence...

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