Reports of Cases Decided in the Supreme Court of the State of Utah Volume 53

Reports of Cases Decided in the Supreme Court of the State of Utah Volume 53

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...of the water now claimed by plaintiff his right to its use is prior and superior to defendants' rights, and as to a portion of the water claimed by defendants their rights are prior and superior to the plaintiFf's rights; that plaintiff 's land is better adapted for general farming purposes, and without irrigation is nonproduetive, while only a small portion of defendants' land is adapted for pasture and the production of hay while the greater part is adapted for grazing purposes merely; that a small part of defendants' hay land is wet and needs no great amount of water for irrigation to produce hay; that the water in this case is of Appeal from First District. such small and variable quantity that it is not practicable to apportion a specific quantity thereof either to the plaintiff or to the defendants, but the apportionment must be made by fixing turns of use or specific periods of time when the water may be used by the plaintiff and by the defendants. In view of the evidence the only matter which presents much difficulty is to determine the precise period of time each of the parties shall have the use of all of the water flowing in Meadow creek which actually reaches their respective lands. That question, as a matter of course, depends upon the extent of the prior rights of the several parties to which we have before referred. _ The district court in its findings and decree fixed the period of time by giving the defendants the right to use the water for a period of twenty-four hours in each week, that is, one-seventh of the time, while the plaintiff was given 1, 2, the right to use all of the water reaching down to his 3 land six-sevenths of the time. This arrangement was doubtless based upon the fact...
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Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • United States
  • English
  • black & white illustrations
  • 1236903617
  • 9781236903617