Cornish Town v. Koller

HALL, Chief Justice:

I

Cornish Town (“Cornish”) initiated this action after a dispute arose over certain water rights and rights of way. Rollers counterclaimed for expenses associated with installing a waterline between Pearson Spring and their home. The case was tried to the court, without a jury. Thereafter, the court, ruling from the bench, entered findings of fact and conclusions of law providing in pertinent part:

FINDINGS OF FACT

[[Image here]]

3. The Defendants are the owners of real property surrounding the Pearson Spring ... and presently receive water for culinary and domestic purposes…