Reports of Cases Decided in the Supreme Court of the State of Utah (Volume 27) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904. Excerpt: ... Cole v. Richards Irr. Co. in Little Cottonwood creek was to drain the lakes in a few days by drawing therefrom large quantities of water, which from time immemorial had gradually, during the hot summer months, when most needed, found its way into the main channel of the creek. The effect of the course thus pursued by plaintiffs was to diminish, rather than increase, the supply of water in this creek. The court found the issues in favor of the defendants, and plaintiffs appealed. McCARTY, J., after stating the facts, delivered the opinion of the court. It is settled in this arid region by abundant authority that when the waters of a natural stream have been appropriated according to law, and put to a ben 1 eficial use, the rights thus acquired carry with them an interest in the stream from the points where the waters are diverted from the natural channel to the source from which tHe supply is obtained, and any interference with the stream by a party having no interest therein that materially deteriorates the water in quantity or quality previously appropriated, to the damage of those entitled to its use, is unlawful and actionable. Kinney on Irrigation, 249; Bear River & Auburn Water & Min. Co. v. N. Y. Min. Co., 8 Cal. 327, 68 Am. Dec. 325; Hill v. King et al., 8 Cal. 337; Butte Canal & Ditch. Co. v. Vaughn, 11 Cal. 143, 70 Am. Dec. 769; Phoenix Water Co. v. Fletcher, 23 Cal. 482; Natoma Water & Min. Co. v. McCoy et al., 23 Cal. 491; Stein Canal Co. v. Kern Island Irr. Co., 53 Cal. 563; Lobdell v. Simpson, 2 Nev. 274, 90 Am. Dec. 537. Section 1, art. 17, Const. Utah, provides that "all existing rights to the use of any of the waters of this State for any useful or beneficial purpose, are hereby recognized and 2 confirmed.' It will thus be observed that th...