Eardley v. Terry

HANSON, Justice.

The respondent, John K. Eardley, on the 8th day of October, 1931, filed in the office of the state engineer of Utah an application to appropriate for irrigation purposes % cubic foot per second (1/2 c. f. s.) of the alleged unappropriated waters of a creek known as and called Beaver Dam Wash in Washington county, Utah. The appellants, Jed M. Terry and Edward S. Terry, duly protested the application. As ground of protest, they alleged that there was no unappropriated water in said creek at or near the points of diversion called for in the respondent’s application. The state…