Parker v. Wallentine

BISTLINE, Justice.

This is an appeal from an order of the district court that enjoined the pumping of water from an irrigation well located on property owned by L. Junior Wallentine because Wallentine’s pumping interfered with a domestic well owned by Carl Parker.

In 1976, the defendant-appellant L. Junior Wallentine drilled a well on his property in Bear Lake County to a depth of 200 feet for the purpose of providing irrigation for a 64 acre field. The Wallentine well was drilled pursuant to state water right permit 11-7069 which authorized pumping at a rate of 1350 gpm and which provided that…