Safranek v. Town of Limon

[1-3] Without raising other questions immediately occurring, it is elementary that any right of respondents to compensation for this water must be predicated upon their ownership. On this question we are not aided by the briefs. Counsel for the town ignores it, and counsel for respondents are content with the bare statement: "In this State percolating sub-surface waters, not tributary to any stream, are the property of the owner of the land, as at common law." As applied to this case, they are mistaken therein, both as to fact and law.