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LEHMITZ v. UTAH COPPER CO.

No. 2193.

118 F.2d 518 (1941)

LEHMITZ v. UTAH COPPER CO. et al.

Circuit Court of Appeals, Tenth Circuit.

March 14, 1941.

Attorney(s) appearing for the Case

Charles M. Morris, of Salt Lake City, Utah (Wm. L. Beezley and Sidney G. Reid, both of Salt Lake City, Utah, on the brief), for appellant.

C. C. Parsons, of Salt Lake City, Utah (Wm. M. McCrea, of Salt Lake City, Utah, on the brief), for appellees.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

Conflicting claims are involved predicated upon appropriations of water from Bingham Creek in Utah. The water of all streams and other sources in that state is the property of the public, subject to existing rights to the use thereof. Section 100-1-1, Revised Statutes Utah 1933. Beneficial use is the basis and measure of rights to the use of water, § 100-1-3. Rights to unappropriated water may...

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