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Title: Clear Law and Murky Facts: Utah's Approach to Conjunctive Surface and Groundwater Managment
Authors: Ruple, John
Issue Date: 2011
Citation: Preprint: Idaho Law Review, 47, 217-254.
Type: Journal Article
Pages: 38
Abstract: If wells are driven into a subterranean body of water, and a spring is dried up, the owner of the wells will be enjoined from permitting them to flow; if a tunnel is driven into a mountain and percolating waters are gathered with the result that the water of a surface stream is affected, the water cannot be claimed by the person who drove the tunnel; if a man digs a trench across his lands and thereby intercepts the ground water percolating through his lands to lower levels with the result that a prior user is injured, the prior user can enjoin the injury. . . . It ought to make no difference as to the kind of a channel through which water reaches the sunlight . . . . Once the water bubbles forth to be used by man in the reclamation of our desert areas, whether from a pipe driven into the earth by man or as the result of an earthquake or some other force of nature, the first to apply to a beneficial use should be protected.
URI: http://hdl.handle.net/123456789/11194
Appears in Collections:Environmental, Legal, & Policy Framework for Fossil Energy Development

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