Johnston v. City of Kingman

The opinion of the court was delivered by

Smith, J.:

This was an action to enjoin the governing body of a city from diverting the waters of a stream. Judgment was for defendants. Plaintiff appeals.

*132The Ninnescah river flows eastward through the city of Kingman. In 1881 the Ninnescah Water and Power Company condemned land for the right of way and constructed a millrace. This millrace commenced west of the city of Kingman and ran in a southeasterly direction, roughly paralleling the river to a point a little over a mile east of the city, where it discharged back into the river. At the point where…