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Show 756 GROUND WATER RIGHTS IN SELECTED STATES Drainage of Land Versus Interference With Ground Water Rights A property owner who installs drains on his land to make property more usable, and not for the purpose of acquiring a water right, incurs no liability even though he may interfere with rights to the ground water unless he will- fully or intentionally interfered with the plaintiffs water or is negligent or reckless in the installation of his drains.441 In a subsequent decision, the court held that a property owner in draining his land to make it usable could not acquire a right to the use of ground waters therein which had been previously appropriated by an adjoining landowner. Only the water in excess of established rights could be appropriated.442 Administration and Distribution of Ground Waters The State Engineer has the power to appoint commissioners to distribute the waters of any river system or water source. He is authorized to determine whether the ground water supply in an area is adequate to supply existing claims. If he concludes the supply is inadequate for all claims he shall distribute the existing supply to the claimants, according to the priority of their rights.443 The State Engineer is authorized to prevent waste, pollution, or contamina- tion of ground waters, and to require the repair or construction of facilities to accomplish the desired result.444 Wells and Well Drillers Control of well drillers.-A well driller in Utah is required to obtain an annual permit from the State Engineer.445 It is a misdemeanor to drill without a permit, or after a permit has expired or been revoked; or to drill a well in violation of the rules and regulations of the State Engineer's office.446 Replacement wells are provided for. -If an existing well has become useless because of structural difficulties, a replacement well may be drilled with ap- proval of the State Engineer.447 Control of Artesian Wells The State Engineer is authorized to control artesian wells wasting public waters.448 441 jV. M. Long & Co. v. Canon-Papanikolas Construction Co., 9 Utah (2d) 307, 343 Pac. (2d) 1100 (1959). **2Stubbs v. Ercanbrack, 13 Utah (2d) 45, 368 Pac. (2d) 461 (1962). 443 Utah Code Ann. §73-5 1 (1968). 444 M § 73-5-9. 445/rf. § 73-3-25. 446 W. § 73-3-26. This legislation has been construed in Mosley v. Johnson, 22 Utah (2d) 348, 453 Pac. (2d) 149 (1969). 447Utah Code Ann. § 73-3-28. -Id. § 73-2-21. •d U.S. GOVERNMENT PRINTING OFFICE : 1974 O - 507-186 |
