Wayt v. Buerkel

Defendant Buerkel appeals a declaratory judgment in favor of plaintiff Wayt. He assigns error to the trial court’s holding that plaintiff was entitled to a pro rata share of water pursuant to an irrigation contract and addendum to that contract, and that an appurtenant easement by implication exists in favor of plaintiffs property for the delivery of the water through a pipeline on defendant’s property.

In 1972, the Acala Ginning Company (Acala) entered into a contract (Wolf Creek Irrigation Contract) with the Powder Valley Water Control District (District) to buy 1,200 acre feet 2 of water…