Bauer v. Prestwich

ELLETT, Chief Justice:

This appeal involves the right to use the water from a spring on land owned by the respondents (hereafter called Bauer). The water from this spring had been used continuously by Bauer and his predecessors in interest since before 1903 and, therefore, Bauer asserts a “diligence claim” to the water.1

The appellants (hereafter called Prestwieh) also claim a diligence right, but they were unable to show that the initial use of water prior to 1903 was ever conveyed to Prestwieh. In fact, the one upon whose use Prestwieh seeks to show his right is the one whose use went to…