Weber Basin Water Conservancy District v. Gailey

CROCKETT, Justice.

A rehearing was granted in this case to give further consideration to this important question with respect to water diversion: Does an owner of land adjacent to a stream have the right to insist that the stream continue to flow in its natural channel undiminished for the purpose of maintaining lateral support to keep percolating waters within the soil of his land?

We refer to this case as heretofore reported,1 and in addition thereto, state briefly the facts essential to our further discussion of the problem involved.

Plaintiff, Weber Basin Conservancy District, is engaged in…