Abstract
The New Escalante Irrigation Company (NEIC) historically delivered diverted water from the Escalante River to shareholders who applied the water by flood‐type irrigation. Runoff and seepage from some of their lands drained to Alvey Wash, where it commingled with the natural flow. The estate of Paul Steed owned a decreed water right in Alvey Wash from which it irrigated its lands. In 1982, NEIC changed from flood irrigation to a pressurized sprinkler system of enclosed pipes. Thus, runoff and seepage to Alvey Wash were substantially diminished. The estate contended unsuccessfully that it had a vested right to receive the same amount of runoff and seepage flow to the wash.
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