Selected Problems in the Law of Water Rights in the West
Selected Problems in the Law of Water Rights in the West
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V. Barker, supra, there can be no serious contention but that the owner of the soil is the absolute owner of percolating subterranean water. The rule announced in these cases is based upon our now present section 348, Rev. Code 1919, which provides: "The owner of the land owns water standing thereon, or flowing over or under its surface, but not forming a definite stream. " The 1919 law on artesian waters was stated not to have changed the rule. Such act was intended to apply only to artesian w...aters.
This, we believe, is shown quite definitely by the first sentence of section 348 r which commences, "Subject to the provisions of this code relating to artesian wells and water, " etc.
The legislature, in the court's opinion, intended to leave in effect the law concerning subterranean waters, as embodied in section 348, except as to artesian waters; the 1919 law "attempts to do nothing more than establish rules and regulations concerning artesian wells. " From the language in the foregoing decision, it is apparent that the court considered artesian waters as distinct from percolating sub- terranean waters.
What to read after Selected Problems in the Law of Water Rights in the West?
You can find similar books in the "Read Also" column, or choose other free books by Wells Aleck Hutchins to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
V. Barker, supra, there can be no serious contention but that the owner of the soil is the absolute owner of percolating subterranean water. The rule announced in these cases is based upon our now present section 348, Rev. Code 1919, which provides: "The owner of the land owns water standing thereon, or flowing over or under its surface, but not forming a definite stream. " The 1919 law on artesian waters was stated not to have changed the rule. Such act was intended to apply only to artesian w...aters.
This, we believe, is shown quite definitely by the first sentence of section 348 r which commences, "Subject to the provisions of this code relating to artesian wells and water, " etc.
The legislature, in the court's opinion, intended to leave in effect the law concerning subterranean waters, as embodied in section 348, except as to artesian waters; the 1919 law "attempts to do nothing more than establish rules and regulations concerning artesian wells. " From the language in the foregoing decision, it is apparent that the court considered artesian waters as distinct from percolating sub- terranean waters.
What to read after Selected Problems in the Law of Water Rights in the West?
You can find similar books in the "Read Also" column, or choose other free books by Wells Aleck Hutchins to read onlineMoreLess
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