Glenwood Irrigation Co. v. Myers

CALLISTER, Justice:

Plaintiff initiated this action to have defendant’s right to divert all of the water of Glenwood Springs for a nonconsumptive power use declared forfeited for nonuse for a period of five years and to enjoin his further diversion thereof. Plaintiff moved for summary judgment, which the trial court granted, and defendant appeals.

In December of 1960, defendant filed an application for extension of time within which to resume use of water with the state engineer. In this verified application defendant stated that the date the water was last used beneficially was 1956.

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