Duchesne County v. Humpherys

WADE, Justice.

The district court of Duchesne County issued a writ of mandate requiring the state engineer to reinstate water applications numbers 5514 and 5977 with their original priority dates. From this judgment the state engineer appeals.

In 1913, D. M. Todd, Jr., filed application No. 5514 for the appropriation of 150 second feet of water from Rock Creek, a tributary of Duchesne River, for the irrigation of land known generally as the Upper Blue Bench. Todd assigned this application to the Upper Blue Bench Irrigation District in 1914. Application No. 5977 to appropriate 100 second feet of…