Crawford v. Lehi Irrigation Company

McDonough, justice.

The plaintiff, Arthur L. Crawford, owns a tract of pasture land to the southwest of Lehi City. In the improvement of a road by the county, an old drain was moved to its present site, which is along a country road between the plaintiff’s lands and the lands owned by the defendant, Dansie. Water has flowed in this drain continuously since 1935.

On May 14, 1951, the plaintiff filed an application No. 22900 with the office of- the state engineer for one second foot of water from this drain, which he identified by designating it as an “unnamed drain,” to be used for irrigation…