(DOWNLOAD) "Mcnaughton Ex Ux. v. Eaton Et Al." by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Mcnaughton Ex Ux. v. Eaton Et Al.
- Author : Supreme Court Of Utah
- Release Date : January 25, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
WADE, Justice. The defendants use the waters of McNaughton Gulch below plaintiffs land, near Vernal, Utah. They appeal from a judgment holding that the waters in question are percolating waters and a part of plaintiffs soil and therefore not public waters nor subject to appropriation. The court further held that plaintiffs right to such waters is not subject to any control nor limited to a beneficial use. Defendants contend that these are public waters and subject to appropriation and that the right to the use thereof is limited to the amount required to satisfy the reasonable and efficient beneficial use to which they have been appropriated. Defendants do not seriously contend that their appropriations are prior to plaintiffs. If these are public waters defendants, as junior appropriators, are entitled to the use of all the waters not required to satisfy all prior rights under reasonably efficient use. They claim that they were denied a fair trial because both parties assumed throughout the trial that these were public waters and subject to appropriation and regulation and that the holding that they were not public waters, contrary to the theory of both sides, was made without giving them a fair opportunity to meet that issue which was not raised in the trial. They further contend that some of the facts found by the court are not supported by the evidence. Under the facts of this case we conclude that these are public waters of this state and subject to appropriation, and that plaintiffs right to the use thereof under their prior appropriation is subject to regulation and limited to the amount required with reasonable efficiency to satisfy the beneficial use of their appropriation. In view of this holding it is not necessary to consider the other points raised.
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