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WEBER BASIN WATER CONSERVANCY DISTRICT v. GAILEY

No. 8478.

8 Utah 2d 55 (1958)

328 P.2d 175

WEBER BASIN WATER CONSERVANCY DISTRICT, PLAINTIFF AND RESPONDENT, v. JOHN R. GAILEY AND FRANK BOHMAN, ET AL., DEFENDANTS (FRANK BOHMAN, APPELLANT).

Supreme Court of Utah.

July 2, 1958.

Attorney(s) appearing for the Case

J. Lambert Gibson, James E. Faust, Salt Lake City, for appellant.

Young, Thatcher & Glasmann, Ogden, Homer Holmgren, Fisher Harris, Salt Lake City, amici curiae.

Neil R. Olmstead, Ogden, E.J. Skeen, Salt Lake City, for respondent.

CROCKETT, Justice.

A rehearing was granted in this case to give further consideration to this important question with respect to water diversion: Does an owner of land adjacent to a stream have the right to insist that the stream continue to flow in its natural channel undiminished for the purpose of maintaining lateral support to keep percolating waters within the soil of his land?

We refer to this case as heretofore reported,1

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