Fairfield Irrigation Co. v. Carson Et Ux‪.‬

WADE, Justice. From a judgment awarding plaintiff, Fairfield Irrigation Company, respondent here, the right to the use of
the waters of two man-made artesian wells located on defendants' land northwest of Fairfield, Utah, defendants Mr. and Mrs.
Carson appeal. They raise the question of how the right to the use of artesian well water could be acquired between the effective
date of c. 100, S.L.1903, and cc. 104 and 105, S.L.1935, and the effect on such rights of abandonment and ceasing to use such
waters for the statutory period. 1 The Fairfield springs are the main source of water supply for domestic and irrigation purposes in that neighborhood. They
produce from four and a half to seven and a half cubic feet per second of water the year round and are located in a spring
or basin area of an acre or more ground overlooking the town in the foothills from the northwest. The early settlers built
a canal system through which they diverted and appropriated these waters to a beneficial use for both irrigation and domestic
purposes prior to 1900. These early settlers are the predecessors in interest to plaintiff which was incorporated in 1939
to operate the canal and culinary system and distribute such waters. There are many springs in this area of different elevations
which produce a pond. Above this area coming from the northwest is a natural wash or ravine which passes through this spring
area and although there is considerable fall as the ravine approaches the spring area proper, in the bottom of the ravine
the ground is somewhat boggy and at times there have been springs several hundred feet up the ravine, but the ground on both
sides is dry.