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Show 730 UTAH maintain his method of use-particularly if it is wasteful-purely for the purpose of supplying water for the reappropriator.111 (4) Return waters.-Some water from upstream irrigation prac- tices returns to the watercourse, is known as return flow water, and forms a part of the watercourse that may be appropriated by down- stream users. An upstream user cannot, by change application, alter this return flow pattern so as to interfere with vested downstream rights. An appropriator is entitled to have the flow pattern of a stream remain in substantially the same condition as it was when he made his appropriation, so that he can receive his water in the amount and at the time called for by his right.112 3.5 Storage "Waters, Artificial Lakes, and Ponds The point of diversion for on-channel storage rights is where the longitudinal axis of the dam crosses the center of the streambed.113 The Utah court has never squarely held that title to the corpus of the water which is reduced to possession in a reservoir is the property of the party making the storage, but there is language in some Utah cases which suggests that this is the rule.11* 3.6 Springs The Utah court has defined springs as those places where water issues naturally from the surface of the earth.115 Prior to the adoption of the water code in 1903, rights in springs could be acquired by merely diverting the water and placing it to beneficial use.116 And, even until 1935, there is language in some cases which suggested that springs arising on private property were the property of the owner of the land and were not subject to appropriation.117 But the 1935 amendment to the water code made clear that all spring waters are subject to appropriation, and that rights therein can only be ac- quired by filing an application with the State engineer.118 However, springs supplying a stream have always been considered to be a part of the stream (tributary source of supply) and the prior appropriator of the water of the watercourse has a demand upon the water from the springs to satisfy his right.119 The present procedure for ap- propriating spring water is the same as noted above for waters of a watercourse. 3.7 Diffused Surface Water Diffused surface water is diffused over the surface of the ground, generally from rain or melting snow, and is not in any definite channel. If and when it reaches a definite watercourse it becomes a 111 Smithfleld West Bench Irr. Co. v. Union Central Life Ins. Co., 105 Utah 468, 142 P. 2d 866 (1943). uzEast Bench Irr. Co. v. Deseret Irr. Co., 2 U. 2d 170, 271 P. 2d 449 (1954). 113 Utah code Ann., sec. 73-3-2. n* Adams v. Portage Irr., Res. d Power Co., 95 Utah 1, 72 P. 2d 648 (1937) ; Smith- field West Bench Irr. Co. v. Union Central Life Ins. Co., 105 Utah 468, 142 P. 2d 866 (1943). ™Holman v. Christensen, 73 Utah 389, 274 Pac. 457 (1929). 118 Patterson v. Ryan, 37 Utah 410, 108 Pac. 1118 (1910). 117 Deseret Live Stock Co. v. Hooppiania, 66 Utah 25, 239 Pac. 479 (1925). 118 Utah code Ann., sec. 73-1-1. ^Bastian x. Neoeker, 49 Utah 390, 163 Pac. 1092 (1916). |
