Barr v. Rupp

Plaintiff brought this action to have adjudicated, as between the parties, the waters of Gilstrap Creek, a tributary of Ross’s Fork of Rock Creek in Granite county. The court entered judgment awarding the defendant an appropriation of 400 inches as of the year 1895 from the waters of this creek, and denying plaintiff all relief. Plaintiff has appealed from this judgment.

The court found that Gilstrap Creek flowed across section 23 and a portion of section 24 of township 5 north, range 16 west, and that section 23 was an odd-numbered section within the limits of the primary land grant made to…