Dalton v. Wadley

McDonough, justice.

The plaintiff and the defendants live and own property just north of Pleasant Grove, Utah. A spring of water known as Wad-ley Spring is located upon the defendants’ land. On September 9, 1953, the plaintiff filed an application with the State Engineer for one second foot of water from Wadley Spring, to be used for culinary purposes and incidental stock watering for 50 homes to be constructed, and also for four homes already furnished with such water. On Februai; 3,1956, the defendants Wadley filed with the State Engineer a statement of Water Users Claim to Diligence Rights…