Moon Lake Water Users Association v. Hanson

MAUGHAN, Justice:

In January of 1963, plaintiff filed an action against Lester Hanson and Vera H. Gagon, as trustees, and against Gordon Hanson and his wife, hereafter Hanson, for the purpose of condemning land for a reservoir site. The action was brought pursuant to the provisions of 73-1-6, U.C. A. 1953, as amended, which provides that any person may acquire, by eminent domain, a right of way for ditches, reservoirs, etc. 73-1-5 says that the use of water for beneficial purposes, as provided in the title on water and irrigation is a public use. These actions were consolidated for trial…