Opinion
No. 5824.
Decided April 8, 1937.
COURTS. Question of jurisdiction of trial court, where there was pending before it a case of general adjudication of waters of stream, to act on application for temporary change for current season only in point of diversion or place of use of waters of stream was moot after expiration of the season for which temporary change was sought, requiring dismissal of original proceeding presenting such question.
Original proceeding for writ of prohibition by the Deseret Irrigation Company and others against the Honorable LeRoy H. Cox, as judge of the district court of the Fifth judicial district, and others.
DECISION RENDERED IN 92 UTAH 209, 59 P.2d 947, WITHDRAWN AND CAUSE DISMISSED.
J.A. Melville, of Salt Lake City, and D.D. Crafts, of Delta, for plaintiffs.
Lewis Larson, of Manti, for defendants.
This court on July 8, 1936, made and entered its decision in this case denying a permanent writ of prohibition, and recalling and setting aside the temporary writ theretofore issued. 92 Utah 209, 59 P.2d 947. A rehearing was thereafter granted which had the effect of recalling the decision above referred to. The case has now been reargued and resubmitted. The issue presented involved the question of jurisdiction of the trial court, where there is pending before it a case of general adjudication of the waters of a stream, to entertain and act on an application for a temporary change in point of diversion or place of use of any of the waters of such stream. The petition before the trial court was for a temporary change for the current season only. By lapse of time the cause has become moot. Any decision looking to the establishment of a rule for guidance in the future would be unwise at this time. There was legislation on the subject enacted at the recent session of the state Legislature.
The decision heretofore rendered is withdrawn and the cause dismissed. Neither party to recover costs.