Show local firm held field liable A company whose legitimate business Is the disposal of waste water cannot con con- conduct conduct duct that business in such a manner as asto asto to deprive a neighboring landowner of access to unpolluted waters ruled the Utah Supreme Court The court in a decision handed down Tuesday upheld a jurys jury's decision that Western Petroleum Inc had infringed on the rights of Lloyd and Jeanne Branch of Duchesne County The court also awarded the couple additional monetary compensation for the mental suffering discomfort and annoyance they ex- ex experienced experienced as the result of having their culinary well water polluted The couple had filed suit in District Court to claim compensation fo for damages incurred when their two wells were polluted In 1976 and 1978 Contaminated Con Con- Contaminated water on the property was noticed shortly after Western Petroleum purchased a piece of property north of Roosevelt The Branches purchased ad- ad adjacent adjacent jacent property to the petroleum com com- company's pany's property Their property was approximately ap- ap proximately to feet lower The petroleum company purchased the property for the disposal of formation water a waste water produced by oil wells while drilling driling for oil The formation waters contain oil gas and high concen- concen concentrations concentrations of salt and chemicals which make that water unfit for culinary or agricultural uses When the Branches purchased their property in Duchesne County they utilized utilized ed water from a well which h had d been on that property since 1929 That water was used for culinary purposes until December 1976 when the couple noticed the water took on a peculiar taste and a distinctive smell of petroleum products The couple lost rabbits and chickens because of the polluted water A second well was dug and used until early 1978 when once again the water took on the characteristics of the polluted water The water was tested by the State Health Department which informed the Branches that they would have to haul their own water onto the property I Additional damage was incurred bY br the Branches when Western Petroleum constructed two ponds to catch the con con- contamina contaminated tamina ted wa water ter One of those ponds was partially constructed on the Branches property The Branch land also sustain sustain- sustained sustained ed damages when a Western truck drove onto the property to pump out con con- contaminated Laminated water from the pond While on the property discharge nozzles from the pump were left open spraying polluted water onto the Branch land During a trial In District Court a jury of eight ruled in fa favor vor of the Bran Bran- Branches Branches ches The jury awarded the couple for pollution of the well water for trespass for mental suffering discomfort and annoyance and for punitive damages Judge J Robert Bullock disallowed the monetary award for mental suffering discomfort and annoyance The Supreme Court upheld the jurys jury's decision and also awarded the couple the additional which the jury had originally granted a r r hr lt al ill N iRM M v m w a a d Ya i iC C r r s DESPITE SPITE SEVERAl recent accidents a new traffic light on Main Street Vernal City Police contend that the lights have substantially limited the total number of accidents at the intersection This accident Thursday at East Main Only minor injuries were reported Ir |