Whitmore v. Welch

McDonough, justice.

Plaintiffs appeal from a judgment of the district court whereby the application of defendant, C. J. Welch, to appropriate water for power purposes, which plaintiffs protested, was approved with a conditional modification of the point of return to avoid a present conflict with protes-tante prior filing. On a trial de novo, the district court rendered substantially the same decision as that made by the state engineer.

The facts pertaining to this controversy may be summarized as follows: In 1920, Utah Granite and Marble Company made a filing on Little Cottonwood Canyon creek…