SNAKE CREEK MINING & TUNNEL CO. v. MIDWAY IRRIGATION CO.

No. 68.

260 U.S. 596 (1923)

SNAKE CREEK MINING & TUNNEL COMPANY v. MIDWAY IRRIGATION COMPANY ET AL.

Supreme Court of United States.

Decided January 15, 1923.


Attorney(s) appearing for the Case

Mr. H.R. Macmillan, with whom Mr. Andrew Howat, Mr. John A. Marshall and Mr. B.S. Crow were on the briefs, for petitioner.

Mr. A.B. Irvine and Mr. William H. Folland, with whom Mr. Sam D. Thurman was on the briefs, for respondents.

Mr. William H. Folland, by leave of court, filed a brief on behalf of Salt Lake City, as amicus curiae.

Mr. J.F. Callbreath, by leave of court, filed a brief on behalf of the American Mining Congress, as amicus curiae.


MR. JUSTICE VAN DEVANTER delivered the opinion of the Court.

This is a suit to determine conflicting claims to underground waters collected and brought to the surface by a mining tunnel in Utah. The plaintiff (petitioner here) is a mining company incorporated in Delaware and the defendant an irrigation company incorporated in Utah. Each seeks to have the right to use the waters quieted in itself as against the other. The...

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