Huber v. DEEP CREEK IRRIGATION COMPANY

HENRIOD, Justice.

Appeal from a judgment for plaintiffs quieting title to water rights claimed under state Certificate 1477. Affirmed, costs to plaintiffs.

Defendants say 1) the court erred in fixing plaintiffs’ priority as of January 10, 1908, and in concluding that their rights had not been lost or delayed, 2) in failing to find an abandonment of use, and 3) that plaintiffs failed to show right to use by failing to show that the land did not carry the burden of water to which it had been allocated.

As to 3): This contention was raised for the first time on appeal, and we feel constrained not…