Yardley v. Swapp

I agree with the majority opinion that it would be desirable to have a declaration of the water rights of these litigants. However, the plaintiff, having commenced this action, had the burden of introducing evidence which would establish a water right in himself, its priority, nature, quantity and .extent thereof; also, the rights and priorities of the defendants and that the defendants have deprived him of water to which he is entitled. This the plaintiff failed to do.

As I read the majority opinion, it would have the effect of placing upon the defendants the burden of proving the existence…