Quinn v. John Whitaker Ranch Co.

Kimball, Justice.

This is a proceeding in error for review of a declaration of rights in an action under the Uniform Declaratory Judgments Act, §§ 89-2401 to 89-2415, R. S. 1931. The question is whether a state statute prescribing the minimum duty of water appropriated for irrigation has the effect of limiting the quantity of water under rights initiated under Territorial laws and adjudicated by decree of the Territorial courts.

Plaintiffs are users of water for irrigation under rights adjudicated,by decree made in July, 1889, by the Territorial District Court which at that time had exclusive…