John Phillip Zannaras, J. P. Robinson, Jr., and U.S. Tungsten Corporation v. Bagdad Copper Corporation, a Corporation

In this suit, Zannaras, Robinson and U. S. Tungsten Corporation, hereinafter called “Zannaras,” sought an injunction against Bagdad Copper Corporation, hereinafter called “Bagdad,” to prevent the use, in different manner and quantity, of the water of a stream to the detriment of the vested rights of plaintiffs as prior appropriators of the waters. The trial court held the evidence was insufficient to enable the court “to find as a fact that during critical months of the year, even if Bagdad closed its pumping operations, that water would reach the Zannaras point of diversion.” Upon the record, this Court is compelled to reverse.

By the findings of the trial court in a previous case between the identical parties, it was found (1) that plaintiffs “are down stream prior appropriators and hold certificate of water right No. 1341, from the State, for 3,000,000 gallons of water annually, dated January 2, 1945, with priority to such water from August 27, 1940,” and that their “water right was lawfully acquired and initiated prior to the acquisition by [Bagdad] * * * of its water right,” (2) that their certificate of water right was not obtained by fraud, (3) that the water right was not…