Tanner v. Bacon, State Engineer

The propositions decided by the principal opinion are based upon the findings and decree of the trial court. The opinion states that it recognizes the doctrine and law of priority in the appropriation of water. Notwithstanding the statement, it proceeds to give priority to an application filed subsequent to the Tanner application.

The Tanner application was filed in the office of the State Engineer on the 28th day of February, 1925, and given filing number 9697, which date and filing number fix the priority right when the appropriation and application to a beneficial use has been made pursuant…