The Development of Institutions Under Irrigation, With Special Reference to Early Utah Conditions

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TKANSFEE OF WATER EIGHTS June 7, 1875, Silas Richards petitioned the court for the right to transfer his water right. The court ordered " That the said Silas Richards shall have the privilege and right to take his portion of water in the ditch known as the Surplus Ditch to his farm south of Union Fort as he does not want to use the same on the land where he formerly used it." David Brinton and two others had purchased the waters of Little Willow Creek from the former users but the county court
...did not concede the right for an irrigator to transfer his water right to another person or to another piece of land without its consent. Undoubt- edly many such transfers took place. In fact, it is known they did, yet there are sufficient instances on record to show the attitude of the courts when the ques- tion came before them. In Davis County, December 23, 1861, John Gailey petitioned the court to permit him to use the water belonging to a poor piece of land on a good piece of land, owned by him, which was not entitled to water.

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