Hydro Resources Corp. v. Gray

OPINION

BOSSON, Justice.

{1} This appeal involves a dispute over ownership of water rights developed by a mining lessee in connection with certain mining claims owned by the lessor. The district court granted summary judgment in favor of the lessor’s successor in interest, quieting title in that party to the disputed water rights, and the Court of Appeals affirmed. We granted certiorari to clarify that under most circumstances, including mining, water rights are not considered appurtenant to land under a lease. We also reinstate the accepted principle that a mineral lessee is not considered an…