Wrathall v. Johnson

Because of the importance of the questions discussed by Mr. Justice MOFFAT in the prevailing opinion, I feel justified in adding my views to those already expressed by Mr. Justice ELIAS HANSEN, with whom I am in agreement. I, too, concur in the order made by Mr. Justice MOFFAT, but for the reasons and on the grounds stated by Mr. Justice ELIAS HANSEN. The issue disclosed in the prevailing opinion is whether underground percolating waters, including waters of artesian basins, are public waters and hence subject to the same regulation and control by the state under existing or future law, and…