E. Clemens Horst Co. v. New Blue Point Mining Co.

The petition for rehearing is denied.

The court does not construe the opinion herein as deciding the question as to what rights may be acquired in so-called "foreign waters" as between appropriators, or by prescription. The record in these cases presents a controversy between the plaintiffs claiming the waters in question solely by virtue of their lower riparian ownership of the banks of Bear River, of which Wolf Creek is a tributary, and the defendants claiming the right to divert the foreign waters of Wolf Creek by virtue of their appropriation and application of the same to beneficial uses. *Page 642