McNaughton v. Eaton

WADE, Justice.

The defendants use the waters of McNaughton Gulch below plaintiffs’ land, near Vernal, Utah. They appeal from a judgment holding that the waters in question are percolating waters and a part of plaintiffs’ soil and therefore not public waters nor subject to appropriation. The court further held that plaintiffs’ right to such waters is not subject to any control nor limited to a beneficial use. Defendants contend that these are public waters and subject to appropriation and that the right to the use thereof is limited to the amount required to satisfy the reasonable and efficient…