Daniels Irrigation Co. v. Daniel Summit Co.

HALL, Justice:

Plaintiff brought an action in two counts 1) to appeal the state engineer’s decision approving defendants’ change application which asserted an irrigation right and 2) to quiet title to the waters of Hobble Creek.

The case was tried to the Court, sitting without a jury, and it dismissed the first count as not being timely prosecuted. 1 As to count two, it declined to determine thé rights of use of the respective parties deeming such issues to be res judicata, and further determined defendants’ use of water does not interfere with plaintiff’s.

Plaintiff appeals only from the…