(Download) "In Re Stangers Estate" by Arizona Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: In Re Stangers Estate
- Author : Arizona Supreme Court
- Release Date : January 25, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
This case involves the respective rights of Vantex Land and Development Company, Inc., plaintiff-appellant, and Jack M. Schnepf and Maude Schnepf, defendants-appellees, to the use of certain waste water. The facts either undisputed or such as could be found by the trial court are that defendants and plaintiff own adjoining tracts of land, plaintiffs lands lying to the south and west of defendants. Adjoining defendants on the south and southeast is land owned and farmed by one Boyd Lisonbee and adjoining Lisonbee on the south is land owned and farmed by Lawrence Ellsworth. All these lands and other surrounding lands have been reclaimed for agricultural purposes and irrigated by the pumping of underground waters. Prior to reclamation there passed diagonally across these lands in a northwesterly direction a dry wash known as Sonoqui Wash into which drained surface water created by excess rain. Subsequent farming activities somewhat obliterated the wash as such and the respective owners, generally following the channel of the old wash, bulldozed a drain ditch to care for the drainage of these waters. This drain ditch meandered in a northwesterly direction from Ellsworths land across Lisonbees and defendants holding to plaintiffs land. The irrigation operations of Lisonbee and Ellsworth result in a certain amount of waste or "tail" water which they permit to drain into the drain ditch and flow upon defendants land. There was evidence to the effect that Lisonbee and Ellsworth had an understanding with defendants that defendants would permit them to drain their excess waste water on their land provided they could use the same. Some of plaintiffs own waste water also drained off of plaintiffs land over defendants land and into the drain ditch. On April 12, 1954, the state land commissioner, pursuant to plaintiffs application, issued to the plaintiff a permit to appropriate the water of Sonoqui Wash. Where the drain ditch enters defendants land, they constructed a dam, culvert, headgate and sump thereby intercepting the flow of this waste water, impounding the same and using it for irrigation. Plaintiff seeks to enjoin defendants from intercepting and stopping the flow of this water.
 "In Re Stangers Estate" by Arizona Supreme Court ~ Book PDF Kindle ePub Free){kind=link}