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ESCALANTE VALLEY DRAINAGE AREA v. TRACY

No. 8625.

6 Utah 2d 344 (1957)

313 P.2d 803

IN RE GENERAL DETERMINATION OF RIGHTS TO THE USE OF ALL WATER, BOTH SURFACE AND UNDERGROUND, IN THE ESCALANTE VALLEY DRAINAGE AREA. WALTER W. COOK, APPELLANT, v. JOSEPH M. TRACY, STATE ENGINEER OF THE STATE OF UTAH, RESPONDENT.

Supreme Court of Utah.

July 25, 1957.

Attorney(s) appearing for the Case

Cline, Wilson & Cline, Milford, for appellant.

E.R. Callister, Jr., Atty. Gen., and Robert B. Porter, Asst. Atty. Gen., for respondent.

HENRIOD, Justice.

Appeal from a judgment affirming the state engineer's disapproval of an underground water claim on the basis of nonuser. Reversed. No costs awarded.

In 1924, plaintiff's predecessor developed a well and beneficially used the underground water produced therefrom until 1930. During the next five years, through 1934, he did not use the water. In 1935, Wrathall v. Johnson1 and Justesen v. Olsen2...

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