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Show OPINION RENDERED vON WATER RIGHTS Supreme Court Presents Its Views in Caso Where Tunneling Was Eesorted To Waters developed by tunallng op orat ons which vonld naturally ha e found the r way into a reek belong to the owners of wator rights in the creek and cannot be claimed by the owt era of the tunnel nless it is shown that add tlonnl water has beeu de veloped So rules the state supreme court in an opinion banded down yesterdays ro versing the district court in the case of the Mountain Lakes Mining torn pany against the Midway Irrigation company and thirty six other defend ants In the d stnet oourt the mining com Sany was awarded most of the water eveloped by its tunneling operations being irneu 10H seoond feet of the total flow of 14 second feet The de fendants appealed, contending that they were ent tied to all the water lpasmucn as It was water thai would ba e drained into the Snake creek through natural channels regardless of the tunneling op erat ons The suprs ne court settles all questions of Jaw on the subject by declaring that before anyone can apj ropriate de veloped water proof must be shown that t s newly developed and would sot otherwise have reached the service of any regular creek channel It then Proceeds to onsider the evidence bear ug on this po nt and conclude that no new or additional water was developed through the tunnel Just ce M McCartv writes the preail ng op won Justice J lik cone rs n the main though differing in his reasons for re ers ng the ludgmcnt Ch et Justice D Straup dissents and ho! lb that the judgment should be af f rn ed " T T e rest It of the decision s that the as s reman led back to the d strict cou t w h nstructions to alter ts find ng o a to awarl all the water from the tu dpI to the appellants |