Bishop v. Duck Creek Irr. Co.

CROCKETT, Justice.

The controversy herein is over rights to the water of Duck Creek, just south of Benjamin, Utah County. The trial court decreed to the appellant Duck Creek Irrigation Company a basic flow of two second feet and ordered the rest of the stream divided between the parties: 300/368 to appellant and 68/368 to respondent during the irrigation season; and 400/568 to appellant and 168/568 to the respondent during the non-irrigation season. The decree also awarded the plaintiff the right to use certain ditches owned by the Duck Creek Irrigation Company or by individuals who are…