[DOWNLOAD] "Jackson v. Spanish Fork West Field Irr" by Supreme Court Of Utah ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Jackson v. Spanish Fork West Field Irr
• Author : Supreme Court Of Utah
• Release Date : January 02, 1951
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

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 a contest. If there are any present claimants to this water they were not parties to this action and are not bound by this decree, and any future appropriators would not be bound by it either. Since the defendants do not claim this water, plaintiff could not acquire a right to its use by adverse user against them. Plaintiff argues that since the McCarty Decree adjudicated only rights to irrigation water, this non-irrigation water right was not affected by that decree and that he has acquired a diligence right to the use of this water by using it prior to 1903, when such a right could be acquired by beneficial use only.

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