SYRETT v. TROPIC & EAST FORK IRR. CO. Et Al.

WOLFE, Justice.

The principal question to be determined by this court on this appeal is: Does a stockholder in a mutual irrigation company who wishes to change the point at which he receives his water from the company’s irrigation canal, and use the water to irrigate different lands than those which have theretofore been irrigated by such water, have to make application to the state engineer under the provisions of Section 100-8-3, R. S. U. 1933, as amended by Chapter 130, Laws of Utah 1937?

The facts are: Appellant Syrett is a stockholder in respondent irrigation company, having purchased 620…