Gossner v. Utah Power and Light

HARDING, District Judge:

This is an interlocutory appeal from an order made by the District Court in an action between the parties hereto after a pretrial conference.

The plaintiffs own farm lands along the natural channel of the Bear River in Cache County, Utah, above the reservoir formed by a dam in the river owned by the defendant, Utah Power & Light Company, called the “Cutler Dam.” Subject to certain prior rights, the defendant has the right to divert at the Stewart Dam in Idaho and impound and store in the nearby Bear Lake Reservoir all of the waters of the Bear River to the extent of…