Francis v. Roberts

In November, 1901, and prior thereto, John P. Roberts was the owner of a tract of land in Box Elder county, of the area of about 90 acres. Appurtenant to the land was the right to use for one-third of the time the whole flow of Porter Springs, a natural stream of water with an average volume of about one cubic foot per second of time. Under apportionment with others Roberts had the right to the use of the stream for four days out of every twelve days during the entire year. In November, 1901, he sold the lower or western part of his land, consisting of about 41 acres, together with the water…