Langenegger v. State ex rel. Bliss

Upon a consideration of the motion for rehearing the former opinion is withdrawn and the following is substituted.

McGHEE, Justice.

The applicant, A. W. Langenegger, appeals from the judgment below affirming the state engineer’s refusal to allow him to drill four shallow ground water wells on his 573 acre farm. The crux of the case is whether applicant has a valid appropriative water right in the public ground waters and should be allowed to change his method of diversion from a system of artificial drains to wells.

The farm lies within the Roswell Artesian Basin immediately adjacent to the…