West End Irrigation Co. v. Garvey

This is an action to establish priority of right to use of water and to enjoin diversion. The parties appeared in reverse order in the trial court.

Rock Creek rises in Utah, flows thence into Colorado and then returns to Utah. Plaintiffs’ ditches, the Rock Creek ditch No. 1 and the Miller ditch, divert water from the stream in Colorado, both diversion and use in irrigation being in District 63 therein. Defendants’ ditches divert water from tributaries of the stream in Utah and convey it to District 61 in Colorado for irrigation of lands therein. Plaintiffs pleaded prior diversion and the…