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Show SPRING WATERS 623 channel that feeds springs on a neighbor's land, to the substantial impairment of the latter. However, both decisions recognize clearly that if and when it becomes necessary to decide the issue, in fixing the rights of an upper owner with respect to ground water moving through his land en route to his neighbor's springs, a distinction may have to be made between percolating waters and definite underground streams. Utah Definition. -"Springs may be defined as those places where water issues naturally from the surface of the earth."307 Conveyance of title.-In a case brought to quiet title to shares of stock in an irrigation company, the water being supplied by springs, the evidence was held sufficient to overcome the statutory presumption that water rights represented by shares of stock in an irrigation company were not appurtenant to the land.308 Rights of use.-(I) Appropriation. All unappropriated water in Utah has been declared public property;309 hence, the exclusive manner of acquiring the right to use spring waters is by filing an application in the office of the State Engineer.310 Appropriations of spring water prior to 1903 could be ac- complished by merely diverting the spring water and using it beneficially.311 A user who has appropriated a spring for only a portion of the year has no cause to complain about the subsequent appropriation of the spring waters for that portion of the year when he has no rights.312 (2) Stockwatering from springs. In Adams v. Portage Irrigation, Reservoir & Power Company,313 the Utah Supreme Court concluded that stockmen who had watered their sheep from springs were entitled to have this right protected from other appropriators from these sources. The court also stated, though, that in order to perfect an appropriation of water, there must be a diversion of the water by the efforts of man; in consideration of the holding in the case, this latter statement is probably dictum. In a recent decision, the supreme court confirmed a lower court ruling that an appropriation had not been accomplished by allowing stock to drink from a waterhole, but did not repudiate the concept announced in the Adams case.314 Spring heated on private property. -Prior to 1935, the rule recognized by 307Holman v. Christensen, 73 Utah 389, 397, 274 Pac. 457 (1929). 30iBrimm v. Cache Valley Banking Co., 2 Utah (2d) 93, 269 (2d) 859 (1954). 309 Utah Code Ann. § 73-1-1 (1968). 3l0Smith v. Sanders, 112 Utah 517, 520, 189 Pac. (2d) 701 (1948). See also Adams v. Portage Irr., Res. & Power Co., 95 Utah 1, 72 Pac. (2d) 648 (1937); LeftiIrr. Co. v. Jones, 115 Utah 136, 202 Pac. (2d) 892 (1949). 311 Pattersons. Ryan, 37 Utah 410,108 Pac. 1118(1910). 312Cleary v. Daniels, 50 Utah 494, 501, 167 Pac. 820 (1917). 313Adams v. Portage Irr., Res. & Power Co., 95 Utah 1, 72 Pac. (2d) 648 (1937). 3lACassity v. Castagno, 10 Utah (2d) 16, 347 (2d) 834 (1959). |