Garner v. Anderson

The right to the use of the waters of a small mountain stream in Weber county is the subject of this litigation. The stream is known as Burch creek.

It is alleged in the complaint that plaintiffs (respondents here), their grantors and predecessors in interest, in the year 1858, constructed a dam and diverted the waters from Burch creek to lands then occupied by plaintiffs and their predecessors in interest. The quantity of land is alleged to be approximately 200 acres. It is further alleged that, since such diversion, the waters have been used on the lands originally occupied by plaintiffs and…