State Ex Rel. Road Commission v. Tanner

This case appears to be analogous to Weber Basin Water Conservancy District v. Gailey1 wherein this court held that a landowner has suffered no compensable damages where the construction of a public improvement lowers the water table and thus removes moisture from the land. The court reiterated the principle, which is *22herein controlling, that the owner of the land does not have any right to the waters percolating through the soil before they come into his land nor after they depart therefrom.2. 8 Utah 2d 55, 328 P.2d 175 (1958).. See Bullock v. Hanks, 22 Utah 2d 308, 312, 452 P.2d 866 (1969).