Smithfield West Bench Irr. Co. v. Union Central Life Ins.

LARSON, Justice.

What rights can one acquire in the water that wastes or seeps from the lands of another? This dispute grew out of that question. Plaintiff brought suit in the District Court of Cache County against defendants to quiet title to certain waters and enjoin defendants from interfering with plaintiff’s use thereof. Other parties claiming part of the wafers intervened. About 1860 certain farmers living north of Logan, in Cache County, diverted and appropriated to use certain of the waters of Logan River. In course of time, the users of these waters organized themselves for…