SALT LAKE CITY v. UNITED PARK CITY MINES COMPANY

No. 11948.

503 P.2d 850 (1972)

28 Utah 2d 409

SALT LAKE CITY, a municipal corporation, Plaintiff and Appellant, v. UNITED PARK CITY MINES COMPANY, a corporation, Defendant and Respondent.

Supreme Court of Utah.

November 22, 1972.


Attorney(s) appearing for the Case

Joseph Novak, Jack L. Crellin, Salt Lake City Atty., Salt Lake City, for plaintiff and appellant.

VanCott, Bagley, Cornwall & McCarthy, Clifford L. Ashton, Charles L. Maak, Salt Lake City, for defendant and respondent.


ELLETT, Justice:

This is an appeal by the City from an adverse ruling by the lower court sitting without a jury. The defendant, hereafter called the Mine, constructed an adit referred to as the Spiro Tunnel into the mountain and obtained a large flow of water. The City claims that the flow of water down Big Cottonwood Creek was diminished by the diversion through the adit. The City owns most of the flow of this creek.

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