WARREN IRRIGATION COMPANY v. Brown

CALLISTER, Chief Justice:

Plaintiff initiated this action to quiet title to a certain water right, hereinafter identified as the Skeen right. In the alternative, plaintiff sought to diminish the quantity of water to be furnished under this right and to increase the cost. Upon trial before the court, a decree was rendered declaring defendants the owners of the right and granting them damages in a sum equal to the rental fees for water that defendants had been compelled to procure as a substitute for the water withheld by plaintiff. Plaintiff appeals therefrom.

In 1903, plaintiff’s remote…