Center Creek Water & Irrigation Co. v. Lindsay
Utah Supreme Court
Appeal from the Fourth District Court, Wasatch County, Hon. W. N. Dusenbury, Judge. Action to restrain the diversion of certain waters by defendant. From a judgment for plaintiff, defendant appealed. ‘ ‘ The law is well settled that adverse use of water for seven years, no matter what right any other persons may have had prior thereto, is in law a grant, and the other parties are presumed to have abandoned their rights.” 2 Com.
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Appeal from the Fourth District Court, Wasatch County, Hon. W. N. Dusenbury, Judge. Action to restrain the diversion of certain waters by defendant. From a judgment for plaintiff, defendant appealed. ‘ ‘ The law is well settled that adverse use of water for seven years, no matter what right any other persons may have had prior thereto, is in law a grant, and the other parties are presumed to have abandoned their rights.” 2 Com. Laws, Utah, 1888, Sec. 2780; Kinn. on Irr., Secs. 256, 294; Da/ois v. Gale, 32 Cal., 27; Union Water Go. v. Or ary, 25 Cal., 507; Cox y. C. Clough, 70 Cal., 345; Alta…
1Opinion of the CourtMiner, J.
The respondent corporation filed its complaint in this case May 7, 1898, and alleged, among other things, that its stockholders and their predecessors in interest and grantors, more than twenty years prior thereto, appropriated all the waters of Center Creek, and since then hitherto have continued, during the irrigating season of each year from May 1, to Oct. 15, to use all the waters of said stream adversely to the defendant, and to all the world; that at the time of said incorporation -the defendant and other appropriators conveyed to the company by trust deed, all their right, title, and…
2Cases cited8 opinions
- Stone v. HaleSupreme Court of Alabama · 1850
- Whitlock v. JohnsonSupreme Court of Virginia · 1891
- Paldi v. PaldiMichigan Supreme Court · 1890
- Moore v. MunnIllinois Supreme Court · 1873
- Nephi Irrigation Co. v. VickersUtah Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Oregon Construction Co. v. Allen Ditch Co.Oregon Supreme Court · 1902
- Welch v. JohnsonOregon Supreme Court · 1919
- Hammond v. JohnsonUtah Supreme Court · 1937
- Blythe v. EnslenSupreme Court of Alabama · 1919
- Salt Lake City Corp. v. Cahoon & Maxfield Irrigation Co.Utah Supreme Court · 1994
4 more not listed; retrieve them via the Exa API.