Loosli v. Heseman

HOLDEN, J.,

specially concurring. — The lands of the litigants, in this case, are rolling and hilly. In fact, the lands of the litigants are located in a rolling, hilly section of Fremont County. There is testimony by and in behalf of appellants that their lands could not be properly and economically watered without some water flowing through a swale onto respondent’s land. On the other hand, there is testimony, in substance, by and in behalf of respondent, that appellants could, and did, except for one or two years, successfully irrigate their lands without causing water to drain onto…