Benson v. Burgess

This review concerns the rights to water in the P. & S. Ditch. On December 1, 1971 the water judge entered a decree to the P. & S. Ditch for 2.7 cubic feet of water per second of time (c.f.s.) for irrigation purposes with an appropriation date of August 1, 1904. This decree was predicated upon findings that the source of water was the “result of diversion from Surface Creek primarily by the Lone Pine Ditch and by the Cedar Mesa Ditch.” In 1975 the same water judge entered a decree which changed the stated source of water to “Coryell Gulch, which is a tributary of Currant Creek, which is a…