Beach Lateral Water Users Ass'n v. Harrison

BURDICK, Justice.

Blaine C. Harrison (Harrison) appeals to this Court from a district court decision confirming the existence of a ditch easement implied by prior use held by members of the Beach Lateral Association (the Association) across a portion of Harrison’s land. We affirm in part and reverse in part.

I.FACTUAL AND PROCEDURAL BACKGROUND

Harrison’s property, as well as that of the members of the Association, was formerly held by a single owner, Clarence Patterson (Patterson). Patterson owned and farmed an 80-acre property from 1953 until 1972. During that period, a ditch, now referred to…