Salisbury v. Rockport Irr. Co.

The plaintiff brought this action against defendant to recover damages alleged to have been suffered on account of water being cast upon her land from an irrigation canal belonging to defendant and for an injunction against future injuries. The defendant denied the alleged wrongs complained of by plaintiff, and by counterclaim asserted an easement through the channel of Three Mile creek, a natural stream running across plaintiff’s lands for the purpose of conducting flood and surplus waters from its canal to the Weber river, and prayed for a decree establishing its ownership of the easement…