Spring Creek Irr. Co. v. Zollinger
Utah Supreme Court
Appeal from District Court, First District, Cache County; J. D. Gall, Judge. Action by the Spring Creek Irrigation Company against Jacob Zollinger and others. Judgment for defendants, and plaintiff appeals.
1Opinion of the CourtThurman, J.
This is an action to quiet title to the waters oí Clear creek, in Cache county, Utah. No controversy arises in respect to the pleadings; nor is it necessary to even state the substance of the pleadings, except to say that both plaintiff and defendants claim title to the waters of the creek, not only by prior appropriation, but by adverse user as well.
Clear creek is a tributary of Blacksmith Fork river, in Cache county, and is formed by springs rising in the valley. It is quite uniform and constant in flow during the irrigation season as compared with streams having their source in the…
2Cases cited4 opinions
- Faulkner v. RondoniCalifornia Supreme Court · 1894
- Egan v. EstradaArizona Supreme Court · 1899
- Manning v. FifeUtah Supreme Court · 1898
- Cleary v. DanielsUtah Supreme Court · 1917
3Cited by15 opinions
- Wellsville East Field Irr. Co. v. Lindsay Land & Livestock Co.Utah Supreme Court · 1943
- Hammond v. JohnsonUtah Supreme Court · 1937
- Ephraim Willow Creek Irr. Co. v. OlsonUtah Supreme Court · 1927
- Utah Power & Light Co. v. Richmond Irr. Co.Utah Supreme Court · 1932
- United States v. CaldwellUtah Supreme Court · 1924
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