Howcroft v. Union & Jordan Irrigation Co.
Utah Supreme Court
Appeal from tbe Third District Court, Salt Lake County.— Hon. W. G. Hall, Judge. Action to quiet title in the plaintiff to a certain quantity of the waters of Little Cottonwood creek. Erom a decree in favor of the defendants, the plaintiff appealed.
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Appeal from tbe Third District Court, Salt Lake County.— Hon. W. G. Hall, Judge. Action to quiet title in the plaintiff to a certain quantity of the waters of Little Cottonwood creek. Erom a decree in favor of the defendants, the plaintiff appealed. Tbe appellant contends that inasmuch as Little Cottonwood creek was a public stream, the waters thereof were subject to appropriation for irrigation purposes under the laws of the State of Utah, and that prior appropriators in a stream are only entitled to such portion of the waters which reach to the land upon which the same is intended to be…
1Opinion of the Court
BARTCH, J.,
having stated tbe facts as above, delivered tbe opinion of tbe court.
Tbe appellant insists that tbe third finding of fact is erroneous, that tbe evidence is insufficient to justify it, and that, it is not supported by tbe proof. Tbe finding reads: “That said stream is fluctuating in character in tbe amount of water that it carries and furnishes in tbe different seasons of tbe year, and in different years; and that tbe said water reaches its lowest stage in January, and gradually increases in quantity until about July 1st to about tbe 22d, and after tbe latter date it gradually…
2Cases cited1 opinion
- Platte Valley Irrigation Co. v. Buckers Irrigation, Milling & Improvement Co.Supreme Court of Colorado · 1898
3Cited by6 opinions
- Riordan v. WestwoodUtah Supreme Court · 1949
- Smith v. DuffMontana Supreme Court · 1909
- La Jara Creamery & Live Stock Ass'n v. HansenSupreme Court of Colorado · 1905
- Sigurd City v. StateUtah Supreme Court · 1943
- Mountain Lake Mining Co. v. Midway Irr. Co.Utah Supreme Court · 1915
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