Ernst v. Collins

UDALL, Justice.

The sole question presented on this appeal is whether the lower court was legally correct in adjudging that appellee C. W. Collins was entitled to drill a new irrigation well in a critical area and remove underground waters therefrom for the purpose of irrigating lands held by him under state lease.

The facts are not in dispute and may be summarized as follows: One F. H. Pilcher (who is not a party to this suit) is the owner in fee simple of 120 acres of patented land lying in the SEJ4 of section 8, T. 4 N. R. 2 East, G. & S. R. Base and Meridian, and at all times pertinent…