Maricopa County Municipal Water Conservation District Number One v. Southwest Cotton Co.

Appellees have filed their petition for a rehearing of this appeal. They accept as correctly stating the law the two fundamental principies laid down by us in our opinion, ante, p. 65, 4 Pac. (2d) 369, to wit, that percolating waters are not subject to appropriation under the law of Arizona, and that when an appropriation is made from subterranean waters they must be shown to be of the same character as appropriable surface waters by clear and convincing testimony. They contend, however, that we have in effect affirmed their right of appropriation to a portion of the waters which were the…