Shields v. Dry Creek Irrigation Company

CROCKETT, Justice.

Plaintiff appeals from a decision of the district court which sustained the State Engineer’s rejection of his application to appropriate water.

Prior to 1903 a number of families had settled in the southeast part of Salt Lake County near what is now Holladay, and by putting the water to a beneficial use, acquired rights to use the water from Dry Creek Spring. 1 It was used mainly for irrigation; however, six families had diverted approximately one-third of a second foot of the water into a “house use” stream which supplied their culinary water. In 1904 these six families…