Cole v. Richards Irrigation Co.
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — Hon. W. G. Hall, Judge. Action to quiet title to certain reservoir sites. From a judgment in favor of the defendants, the plaintiffs appealed. STATEMENT OE FACTS.
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Appeal from the Third District Court, Salt Lake County. — Hon. W. G. Hall, Judge. Action to quiet title to certain reservoir sites. From a judgment in favor of the defendants, the plaintiffs appealed. STATEMENT OE FACTS. This is an action to quiet title to six reservoir sites and to all surplus waters that flow into said sites from the country surrounding them, and to restrain defendants'from interfering with any of the reservoirs and reservoir sites, dams, headgates, or other improvements thereon, or from appropriating to their own use any of the waters stored or to be stored therein. Four…
1Opinion of the CourtMcCARTY, J.
It is settled in this arid region by abundant authority that when the waters of a natural stream have been
1 2 appropriated according to law, and put to a ben-efieial use, the rights thus acquired carry with them an interest in the stream from the points where the waters are diverted from the natural channel to the source from which the supply is obtained, and any interference with the stream by a party having no interest therein that materially deteriorates the water in quantity or quality previously appropriated, to the damage of those entitled to its use, is unlawful and actionable. Kinney…
2Cases cited5 opinions
- Butte Canal & Ditch Co. v. VaughnCalifornia Supreme Court · 1858
- Lobdell v. SimpsonNevada Supreme Court · 1866
- Malad Valley Irrigating Co. v. CampbellIdaho Supreme Court · 1888
- Bear River & Auburn Water & Mining Co. v. New York Mining Co.California Supreme Court · 1857
- Stein Canal Co. v. Kern Island Irrigating Canal Co.California Supreme Court · 1879
3Cited by9 opinions
- Maricopa County Municipal Water Conservation District Number One v. Southwest Cotton Co.Arizona Supreme Court · 1931
- Hutchinson v. Watson Slough Ditch Co.Idaho Supreme Court · 1909
- Wrathall v. JohnsonUtah Supreme Court · 1935
- Riordan v. WestwoodUtah Supreme Court · 1949
- Josslyn v. DalyIdaho Supreme Court · 1908
4 more not listed; retrieve them via the Exa API.