Dean E. Park v. Alta Ditch & Canal Company

Plaintiff, Dean E. Park, brought this action to assert and have determined his rights to his claimed aliquot share, 2/288ths, represented by two shares of stock of water of the defendant Alta Ditch & Canal Company. He further insists upon the right to take through a connection with the pipeline of Orem City and thus at a higher point of diversion than the defendants contend he is entitled to. Orem City and its Metropolitan Water District were made defendants. Upon a trial, the District Court found that the plaintiff was the owner of two shares of stock and entitled to participate, as other shareholders, in his pro rata 2/288ths of the water distributed by the company, but otherwise found the issues in favor of the defendants and against the plaintiff: that his rights were subject to and limited by water exchange agreements between Alta Ditch & Canal Company and Orem City; and that he is entitled to delivery of his portion of the water at a lower point of diversion, but has no vested right to the connection with the Orem City pipeline, nor to divert water directly from the Alta springs. Plaintiff appeals, attacking those portions of the decree not in accord with his contentions above stated.