De Wolfskill v. Smith

Appeal from judgment in favor of defendants. This action involves the right to water flowing from artesian wells located upon government land.

It is based upon the following facts: Sometime during the year 1900 an oil company commenced boring for oil in a canyon in the southeast quarter of the northwest quarter of section 4, township 3 south, range 2 west, S. B. M. It continued the prosecution of its work until January, 1901, when, after having bored three wells and found no oil or other mineral substance, it abandoned the work. At the time of the commencement of said work, and up to October 20, 1902, the said land was unsurveyed land of the government, and, except as to the time that said oil company was prosecuting said work, was unoccupied. The three wells bored are in line with the bed of the canyon, distant about five hundred feet apart. The lower well has since its completion by said oil company flowed five inches of water, measured under a four-inch pressure; the second or middle well, three inches under like measurement; and from the upper well no water at all flows. On the ninth day of October, 1902, and after the oil company had abandoned all work upon the premises upon…