Solar Salt Co. v. Southern Pacific Transportation Co.

ELLETT, Justice:

The plaintiff has a lease from the State of Utah on land bordering the shore of the Great Salt Lake which it uses in connection with the extraction and production of salt from the waters of the lake. It also has a royalty agreement whereby it is obligated to pay ten cents to the State of Utah for each ton of salt shipped, used, sold or consumed by it. Furthermore, the lease includes a right to appropriate water' from the lake for the purpose of extracting the salt contained therein by means of solar evaporation.

There is no guarantee as to the amount of salt which is in, or…