Snake Creek Mining & Tunnel Co. v. Midway Irr. Co., 260 U.S. 596 (1923)

Snake Creek Mining & Tunnel Company v.

Midway Irrigation Company
No. 68

Argued October 17, 1922
Decided January 15, 1923
260 U.S. 596

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

Under the law of Utah, an appropriation of the water of a natural stream to a beneficial use so far attaches to underground waters feeding the stream by percolation through adjacent public lands that one who, as an incident to mining operations after those lands have become private, intercepts and collects such percolating waters by a tunnel is not entitled to sell to others the right to use on distant lands the waters so collected, and thus injuriously diminish the supply of the prior appropriator. P. 598.

271 F. 157 affirmed.

Certiorari to a decree of the circuit court of appeals reversing a decree of the district court, in a suit to determine conflicting claims to underground waters.