Nephi Irrigation Co. v. Vickers
Utah Supreme Court
Appeal from the Fifth District Court, Juab County,' Hon. E. V. Higgins, Judge. Action by plaintiff to quiet title to waters of certain streams and springs and to enjoin and restrain defendant from interfering with any of said waters.
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Appeal from the Fifth District Court, Juab County,' Hon. E. V. Higgins, Judge. Action by plaintiff to quiet title to waters of certain streams and springs and to enjoin and restrain defendant from interfering with any of said waters. Upon a former appeal this court remanded the case with directions to the trial court to modify the decree by finding and decreeing, either from the evidence taken or from evidence to be offered from the report of referee appointed for that purpose, “the amount of water in second feet or fractional parts of the stream in question that will be sufficient to…
1Opinion of the CourtBaskin, J.
This case was tried in the court below in 1896. At that trial it was found and decreed that the defendant, Samuel T. Vickers, was the owner and had the right to use sufficient of the waters of Hop Creek to irrigate thirty acres of *312land, and that he was also entitled to divert at a point named, during all seasons of the year, through a certain ditch, sufficient water from Hop Creek for culinary and domestic purposes; also that he, the said defendant, was the owner of, and had the right to use sufficient water from Rock Springs to irrigate one acre of land during the irrigating season; and that…
2Cases cited1 opinion
- White v. PeaseUtah Supreme Court · 1897
3Cited by5 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Muncie & Portland Traction Co.Indiana Supreme Court · 1906
- Hoover v. State Ex Rel. SelbySupreme Court of Oklahoma · 1918
- Anderson v. HamsonUtah Supreme Court · 1917
- Erwin v. HarrisSupreme Court of Oklahoma · 1927
- Nephi Irrigation Co. v. VickersUtah Supreme Court · 1905