Wellsville East Field Irr. Co. v. Lindsay Land & Livestock Co.

WOLFE, Chief Justice.

The background facts are set out in full in the opinion reported in 104 Utah 448, 137 P. 2d 634. The evidence clearly shows that Nichols claimed the right to divert water from two points on Davenport Creek, which was a tributary to Little Bear River. Between his points of diversion and the plaintiffs’ dam, where they take substantially all of the water from Little Bear and turn it into private canals, there apparently are several others who divert small quantities. Plaintiffs, on petition for rehearing, contend that there is not sufficient evidence to show that they were…