Salt River Valley Water Users’ Association v. Kovacovich
Arizona Court of Appeals
3 Ariz. App. 28, 411 P.2d 201 (1966)
- Written by Oni Harton, JD
Facts
Kovacovich (plaintiff), who had a valid appurtenant water right in the water source, employed water-saving practices on the property. The water-saving practices resulted in surplus water on the land. The landowner diverted the saved water to uses on other lands owned by the landowner. Those lands did not have a valid appurtenant water right. The water diverted did not reduce the amount of water that Salt River Valley Water Users’ Association (water company) (defendant) received flowing to its land. The water company brought action seeking injunctive relief. The water company sought to enjoin Kovacovich’s use of the surplus water obtained through water-conservation procedures on lands that did not have a valid appurtenant water right. The judgments, entered in Kovacovich’s favor, denied the water company’s request to enjoin
Rule of Law
Issue
Holding and Reasoning (Thurston, J.)
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