JACKSON v. SPANISH FORK WEST FIELD IRR. CO.

No. 7450.

120 Utah 509 (1951)

235 P.2d 918

JACKSON v. SPANISH FORK WEST FIELD IRR. CO. et al.

Supreme Court of Utah.

Decided October 2, 1951.


Attorney(s) appearing for the Case

Elias Hansen, Salt Lake City, for appellant.

Clinton D. Vernon, Atty. Gen., for defendants.

P.N. Anderson, Nephi, Dilworth Woolley, Manti, for respondent.

Christenson & Christenson, Provo, amicus curiae.


WADE, Justice.

We granted a rehearing only on the question of whether plaintiff established a beneficial use of one cubic foot per second continuous flow of water during the non-irrigation seasons. The use claimed was to furnish water for a home and about 30 to 35 head of animals. Obviously, the quantity awarded is many times the amount consumed for those purposes.

No other party to this action claims the right to use this water so the award was made without...

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