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Show UTAH 753 the water was in fact developed and not a part of the surface stream which had been appropriated prior to the time the land where the tunnel was located was severed from the public domain.427 The same presumption applied with regard to the claim that water had been developed in a well which was in close proximity to a fully appropriated spring,428 or that water had been developed by means of digging trenches close to an appropriated spring.429 Waste Water From Irrigation The owner of a surface irrigation right was entitled to intercept and drain off irrigation waste water before it left his premises, even though in the past it may have seeped and percolated through the soil to an adjoining landowner. It is nothing more than surface waste water and the adjoining landowner receiving such water established no permanent rights to it.430 A landowner had no right to extract percolating waters from his soil that resulted from the use of river water for surface irrigation where these per- colating waters, if not interfered with, would have returned to the river to satisfy the right of a downstream prior appropriator.431 Some Other Features of Use and Control of Ground Water Protection of Means of Diversion A prior appropriator of ground water in Utah is not only entitled to the quantity and quality of water appropriated, but also protection for his means of diversion. When a subsequent appropriator, in pumping from an artesian basin reduced the pressure in the prior appropriator's well to the extent that the prior appropriator's existing means of diversion would no longer function, the Utah court announted that the prior right includes his means of diversion as long as such means are reason- ably efficient and do not unreasonably waste water. It follows that where a subsequent appropriator draws a sufficient quantity of water out of an artesian basin to lower the static head pressure of prior appropriator's well so that additional costs are required to lift sufficient water from his well to satisfy his previously established beneficial use of such waters, the subsequent appropriator must bear the additional expense.432 42-1Mountain Lake Mining Co. v. Midway In. Co., 47 Utah 346, 149 Pac. 929 (1915). AMBastian v.Nebeker, 49 Utah 390,163 Pac. 1092 (1916). 429Peterson v. Wood, 71 Utah 77, 262 Pac. 828 (1927). 430 Gams v. Rollins, 41 Utah 260,125 Pac. 867 (1912). A31Rasmussen v. MoroniIrr. Co., 56 Utah 140,189 Pac. 572 (1920). 432Hanson v. Salt Lake City, 115 Utah 404, 205 Pac. (2d) 255, 263 (1949). |
