King v. Schultz

This is an appeal from a judgment of the tenth judicial district, which judgment decreed the rights in the plaintiffs in certain waters of Elk Creek in Petroleum County, and enjoined the defendants from interfering with or diverting the waters of Elk Creek in derogation of the plaintiffs’ rights.

The plaintiffs, respondents here, are owners of land in Petroleum County. The defendants, appellants here, are owners of land in Fergus County. The lands of both are on Elk Creek; plaintiffs’ land being about eight miles downstream from defendants’ land.

Elk Creek is a somewhat typical stream of the…