Southwest Engineering Co. v. Ernst

I regret that I am unable to agree with the conclusion reached by the majority in *420this case. I find no fault with the abstract principle of law enunciated in the majority opinion but I do find fault with its application to the facts.

Since the enactment of the law under consideration, this court by a majority opinion in the case of Bristor v. Cheatham, 75 Ariz. 227, 255 P.2d 173, has declared that ground water which is the subject of the act belongs to the owner of the soil.

The question presented is whether the legislature in enacting the law here under consideration known as the 1948 Water…