Vetter v. Broadhurst

This is an appeal from a judgment of the district court dismissing certain condemnation proceedings brought by *357the applicant, Broadlmrst, to obtain a reservoir site on tbe lands of defendants for irrigation purposes.

Tbe petition to tbe county judge stated, in substance, that applicant was tbe owner of. 160 acres of land, and that defendants owned an adjoining 160-acre tract; that a creek flows tbrougb tbe land of both, and that during the winter season and during freshets in tbe summer a large amount of unappropriated water of tbe creek goes to waste; that by its storage and conservation tbe…