Mt. Olivet Cemetery Ass'n v. Salt Lake City

In this action a decree was entered in the district court quieting the title to certain water rights in Emigration Canyon creek, from which the plaintiffs have appealed.

Tbe appeal involves tbe rival claims of Mt. Olivet Cemetery Association and Salt Labe City, a municipal corporation, bei*einafter to be referred to respectively as tbe cemetery association and tbe city. Other claims to tbe use of small quantities of tbe waters involved were asserted at tbe trial and confirmed by tbe decree. They are not challenged by either party to this appeal.

Tbe controlling facts are not in dispute. Tbe…