George Shultz and Pauline Shultz v. Norman

Plaintiffs-respondents, George and Pauline Shultz, instituted this action against defendants-appellants, Norman J. "Pete" and Viola Atkins, and defendants, Thane and Margaret McAllister and Max A. and Lue Dean Williams, seeking a permanent right to draw and use water from a well located on the Atkins residential property. After a trial to the district court sitting without a jury, judgment was entered that the Shultzes had "a permanent right to have culinary and domestic water delivered from the well". The Atkinses appealed. This court reverses the judgment for the reasons discussed herein.