Prinster v. District Court of Seventh Judicial Dist.

Mr, Justice Moore

dissenting.

This is no ordinary lawsuit. In the majority opinion it is admitted that the question presented is one of great importance. Moreover it is admitted that “further litigation in the district court will prove expensive.” This court, without a recorded dissent, ordered the issuance of a rule to show cause. Counsel for the parties were thus led to believe that we would resolve the controlling question as to whether the doctrine of appropriation (first in time, first in right) is applicable to non-tributary underground waters. Counsel have prepared *402their briefs, which…