256 CONSERVATION OF GROUND WATER 



increases: in the case of surface water because of the expense 

 of construction of larger dams and transportation of water over 

 increasing distances; for ground water because of the greater 

 depth from which water must be pumped. The interests of 

 the community or state in making the fullest practicable use 

 of its water resources are in conflict with those of early ap- 

 propriators, if the increasing development puts them to greater 

 expense in obtaining their water. It is desirable that the water 

 law state to what extent each water user is protected in his 

 "means of diversion" and to what extent he is expected to share 

 the increasing cost of developed waters. 



According to Hutchins, 21 "The English or common-law rule 

 governing ownership of percolating water does not protect 

 the landowner from a lowering of the water level under his 

 land resulting from his neighbor's operations." In states where 

 water rights are governed by the appropriation doctrine, the 

 situation is not so clearly defined. Fairly recent cases in four 

 states (Arizona, California, Colorado, and Idaho) involve the 

 rights of an appropriator of ground water when the water level 

 in his well is lowered by operations of subsequent appropri- 

 ators, with decisions in favor of the prior appropriator. In 

 the Flowell area in Utah, additional appropriations of ground 

 water were prohibited for many years by administrative action 

 in order to ensure the continuance of artesian flow from exist- 

 ing wells. 22 



Rather generally appropriators of ground water feel that 

 they are entitled to damages if they are forced to additional 

 expense in obtaining their water because of the operations 

 of subsequent appropriators, but this idea has been sharply 

 criticized by several scientists on the ground that it will seri- 

 ously curtail the fullest utilization of the ground-water supply. 

 Thompson and Fiedler write: 23 



21 Hutchins, op. cit., pp. 168-182. 



22 Dennis, P. E., G. B. Maxey, and H. E. Thomas, Ground Water in Pavant 

 Valley, Utah, Utah State Engr. Tech. Pub. 3, 1946, 96 pp. 



23 Thompson D. G., and A. G. Fiedler, Some Problems Relating to Legal 

 Control of Use of Ground Waters, Jour. Am. Water Works Assoc, vol. 30, p. 107, 

 1938. 



