Barrows v. Fox

— The plaintiffs in this action are successors in interest to an appropriator of running water. The appropriation was made at a time when all the lands affected were public lands of the United States, and by means of a ditch and flume through which the water diverted, from the stream was conducted to the lands now owned and occupied by the plaintiffs, where it was applied to irrigation, watering stock, aud domestic purposes. The diversion and use of the water for these purposes and by these means liad been continued for more than thirteen years prior to the trial of the action in October,…