St. George City v. Kirkland

HENRIOD, Chief Justice.

Appeal from three cases involving the same water, but each being bottomed on a different right and theory. Affirmed in part and remanded for further proceedings to determine any genuine issues of fact. No costs awarded.

Both .sides conceded on oral argument that there were fact issues that should be determined to settle disputed claims or assertions, and taking their word for it, we suggest that each side apprise the trial court of the facts it seeks to establish, if it considers they may establish rights to and in the use of the subject water dehors of and independent…