Show AN ANSWER TO COUNTY AGENT al E L LETTER M air w E T L guymon r february 21 1936 county agricultural agena UL utah 1101 underground water waiter in rich county near dear sir your letter of february 17 y N re and tile the contents coi tens are carefully noted with respect to the of makins claim oy Y ranchers in huoh county having small wems placed here and there for domestic and sec jec joi 51 5 1 r revised statutes of utah 1933 as ai by the session laws of lira provid vy j as follows within one year after the date of the he approval of this act all claimants to rights to the use ot of underground waters shall file no ace of such claim or claims with the state enz enzinger ineer on forms form fun ly by him setting forth such scicli information formation irL as the tato state engineer may reo lithe in duding but limited to the following the me name and a nd fico address addre ss of the persons persona malling mal fling the claim the loa location of the well or tunnel or other means of diversion with reference to a united states stales eov cov survey corner the nature and extent of use on which whish claim of appropriation is based tile tha how flom of underground quantity in nore feet feat the time during which underground water waiter has been used each roar an and ilic date when underground der ground water was first used failure to file notice of clairn claim or cil alms as provided in this see se tion irion shall ahall he be prima facie evidence of intent to abandon such right rieu or i 1 lits and lit in the datri aution of the waters of this state the state engineer may mav disregard any claim not so fulcd in the of this law you will note that there is no dif differentiation ferenti aaion made as between the wt natcy ir of 0 zur z surface ur and deep wells well the stat lit bite rends that ALL ALI olam ants to the right to the use of w underground underground water shall file notice of claim caim or cl claims aling I 1 am taic forc ed to the dihe conclusion to take tahe the mean ing ns of the 0 law literally I 1 belleve believe however there is a matter of expedience and judgment to the exorcized elci ci wl in filing bline claim on oil shallow or what I 1 li ohavo ave termed bucket wells for in ainee if a well is sufficiently supplied with water and in its present condition the water cannot lie be taken lir hr likely future appropriation or is to conflict with arc present ent ap i due to physical or geological conditional condi tiona tiong there would appear to be no good geolot geological ical conditions there would appear to be no reason for makins making claim on the well bince there would be nothing to gain bain whore the supply js is inadequate and the of such claim would not dot pro of such claim pro filing teet tile the supply as against other ap more than it would ordinarily dina rily be protected wiit hout such claim on the oher hand if a ur face well weli wore were supplied with water and the disarms digging of another in the immediate vicinity would et foot its gil plAy that is dimini diminish li it certainly a claimant clan cinA mant mint benefit as st a subsequent appropriator who made an all appropriation with these 0 observations I 1 am sure i you ws om draw your own iona yours very truly T a state E engineer n ineer |