Lehmitz v. Utah Copper Co.

BRATTON, Circuit Judge.

Conflicting claims are involved predicated upon appropriations of water from Bingham Creek in Utah. The water of all streams and other sources in that state is the property of the public, subject to *519existing rights to the use thereof. Section 100-1-1, Revised Statutes Utah 1933. Beneficial use is the basis and measure of rights to the use of water, § 100-1-3. Rights to unappropriated water may be acquired by appropriation in the manner provided in the statutes, and not otherwise. And the one first in time is first in right, § 100-3-1. One eligible to acquire…