Southwest Engineering Co. v. Ernst

STRUCKMEYER, Justice.

This action was commenced by appellant, Southwest Engineering Co., a corporation, against the State of Arizona and the State Land Commissioner to determine appellant’s rights to the use of the subterranean, water underlying its lands. The Superior Court found and so held that of the two legislative acts controlling the use of ground water, the Groundwater Code1 23of 1948 .was- constitutional but that Sections 2, 3, 4 and 5 of the Act of 19532 were invalid and unconstitutional. The South-, west Engineering Co, appealed from the judgment declaring the Act of 1948…