Meridian Ditch Co. v. Koosharem Irrigation Co.

HALL, Chief Justice:

In this action to have the State Engineer’s determination of the extent of plaintiff Meridian Ditch Company, Inc.’s (hereinafter Meridian) water rights in Otter Creek affirmed and amplified, defendant Kooshar-em Irrigation Co. (hereinafter Koosharem) appeals an adverse summary judgment on the grounds that genuine issues of material fact raised in the pleadings preclude the entry of summary judgment, and that the order is irreconcilable with the record. We affirm.

In 1879, Meridian and Koosharem began diverting water from Otter Creek at the mouth of Daniels Canyon for…