FAIRFIELD IRRIGATION CO. v. CARSON Et Ux.

WADE, Justice.

From a judgment awarding plaintiff, Fairfield Irrigation Company, respondent here, the right to the use of the waters of two man-made artesian wells located on defendants’ land northwest of Fairfield, Utah, defendants Mr. and Mrs. Carson appeal. They raise the question of how the right to the use of artesian well water could be acquired between the effective date of c. 100, S. L. 1903, and cc. 104 and 105, S. L. 1935, and the effect on such rights of abandonment and ceasing to use such waters for the statutory period.

The Fairfield springs are the main source of water supply for…