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12 Utah B. Bull. 1 (1942)

handle is hein.barjournals/utbabult0012 and id is 1 raw text is: The Utah Bar - BULLETIN - Official Organ, The Utah State Bar There is no freedom without choice, and there is no choice without knowledge -or none that is not illusory. Here are goods to be conserved, however great the seeming sacrifice. We may not squander the thought that will be the inheritance of the ages. -BENJAMIN N. CARDOZO. VOL. XII JANUARY-FEBRUARY, 1942 Nos. 1 & 2 q There is probably no branch of the law as uncertain in application as the water law. Recent Amendments to Utah Water Laws By E. J. SKEEN, of the Salt Lake County Bar Although, as often stated by the Su- preme Court of Utah, water is the very life blood of the State, there is probably no branch of the law as uncertain in ap- plication as the water law. The reason is that the water law is young in com- parison to other branches. It is still in its formative period. Also, because of the fugitive nature of water, problems of possession and ownership are more difficult than those affecting most other property. The law has been changed constantly both by court decisions and acts of the legislature. The courts have had no hesitancy in indulging in judicial legis- lation, perhaps because the water law had its beginning in custom and court decisions. The cases indicate that there has been some jealousy between the legislative and judicial branches of the state government. The legislature has frequently been crit- icized for encroaching upon the powers and duties of the courts when it has given quasi-judicial powers to administrative officers and the Supreme Court has been accused, even by members of the court itself, of disturbing the settled water law of decades. In the past five years, statutes relating to the following subjects have been enact- ed and amended: (1) Underground water; (2) Acquisitions of water rights by adverse use; and (3) Approval and rejections of ap- plications to appropriate water. Underground Water Probably the most drastic amendments in recent years relates to underground wa-

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