Mayer v. Criddle

WADE, Justice.

The trial court determined that the plaintiff is entitled to the use of water from a well located upon his land for the irrigation of five acres of cultivated land. From that determination the plaintiff appeals.

In 1928, Fred W. O'Leary, the plaintiff’s predecessor in interest, commenced the irrigation of his land from a well located on the land. In 1936 O’Leary filed a notice of claim to this ground water with the state engineer. In this notice of water user’s claim he stated that the water from the well was used upon five acres of ground.

A proceeding was initiated as a general…