Farm Investment Co. v. Carpenter
Wyoming Supreme Court
On reserved questions from the District Court, Johnson County, Hon. Joseph L. Stotts, Judge. Action to quiet title to a right to the use of water. The case is fully stated in the opinion. Irrigation was practiced from the beginning of the civilized settlements of the arid regions of this country; and the first taker was conceded to have the first right.
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On reserved questions from the District Court, Johnson County, Hon. Joseph L. Stotts, Judge. Action to quiet title to a right to the use of water. The case is fully stated in the opinion. Irrigation was practiced from the beginning of the civilized settlements of the arid regions of this country; and the first taker was conceded to have the first right. That principle became the fundamental formula of law concerning the acquisition of property and water rights for beneficial uses. The right thus became an original property right resting on the law of necessity. Priority of use among different…
1Opinion of the Court
Pottes, Chief Justice.
This suit was instituted in the district court of Johnson County for the purpose of securing a decree quieting the title of plaintiff to the right to use water from French Creek, for the irrigation of certain lands, as against each and all of the defendants, who, it is alleged, are asserting prior and superior rights to the plaintiff.
An appropriation by plaintiff’s grantor in the year 1879, and the continued use and application of the water so appropriated, is set out, and in consequence thereof, a right superior to the defendants is alleged to reside in the plaintiff.
The…
2Cases cited20 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- United States v. Rio Grande Dam & Irrigation Co.Supreme Court of the United States · 1899
- McCready v. VirginiaSupreme Court of the United States · 1877
- Jackson v. LamphireSupreme Court of the United States · 1830
- Broder v. Water Co.Supreme Court of the United States · 1879
15 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- California v. United StatesSupreme Court of the United States · 1978
- Wyoming v. ColoradoSupreme Court of the United States · 1922
- Hough v. PorterOregon Supreme Court · 1909
- Straw v. HarrisOregon Supreme Court · 1909
- Basin Electric Power Cooperative v. State Board of ControlWyoming Supreme Court · 1978
82 more not listed; retrieve them via the Exa API.