Morton International, Inc. v. Southern Pacific Transportation Co.

HENRIOD, Justice:

Appeal from a summary judgment dismissing Morton’s complaint that asked for an injunction and damage incident to the defendant railroad’s construction of a rock and earth causeway across part of Great Salt Lake pursuant to an easement granted by the State of Utah for such purpose in August 1956. Affirmed with costs to the railroad.

Morton and its predecessors have diverted lake waters to capture salt in solution by evaporative precipitation, since before 1903, 1 the chop-off date after which appropriation of water for a beneficial use, had to filter through the State Engineer…