Bigler v. Mapleton Irrigation Canal Co.

HOWE, Justice:

Defendant Mapleton Irrigation Canal Company appeals from a judgment entered on a special jury verdict in favor of the plaintiffs, Dee Jay Bigler and Carol Bigler, his wife, for damages resulting from the flooding of their property on August 25, 1979.

The Canal Company is a non-profit corporation which delivers to plaintiffs’ property water of the Strawberry Canal which carries a maximum of 90 second feet of water and flows 12 months of the year. From that canal water is diverted into a lateral known as Fullmer Ditch through a head-gate under lock and exclusive control of the…