Gates v. Settlers' Milling, Canal & Reservoir Co.

Opinion of the court by

Burford, C. J.:

This action involves the question of priority of right to divert water from the Cimarron river for irrigation purposes. Oklahoma has not so far been credited to the arid belt, and agriculture has been successfully conducted by the aid of nature's supply of moisture; but in some localities, in the higher altitudes pertaining to the extreme western counties of the territory, irrigation upon a small scale lias been profitably resorted to, and an increasing public interest is being developed in not only the expediency, but the necessity, for extensive…