State v. Beaver Portland Cement Co.

Petition for rehearing denied June 23, 1942

On Petition for Rehearing

(126 P. (2d) 1094)

BAILEY, J.

In onr former opinion we referred to §§ 116-420 and 116-421, O. C. L. A., in relation to the filing of applications for permits to appropriate water for power purposes and to the duty of the state engineer in passing upon such applications. In regard to § 116-421, supra, we noted the fact that if, in the judgment of the state engineer, the proposed use of water “may prejudicially affect the public interest,” the state engineer is required to refer the application to the state reclamation commission…