OCR Text |
Show Retrial Ordered in Irrigation Contest The case of tho Huntsvlllo Irrigation Irriga-tion association against Puter Rollo land others, In which tho plaintiff sought to have the defendant restrained restrain-ed from diverting water from the south fork of Ogden river, was remanded re-manded to the lower court for retrial, I In a remittitur returned to the district dis-trict court this morning from the stato supreme court. The decision was handed down by justice Thurman and concurred in by Justices Corfman, Frlck, Weber and Gideon. Tho lower court found that the defendant de-fendant was entitled to four, second feet of water, but the irrigation company com-pany appealed, claiming prior rights, and was upheld. The question whether the defendant also had primary right to the extent of four second feet of water on an equal basis with tho plaintiff was purposely pur-posely left undetermined, the decision slat., 1, and will be fought out In the lower court |