Kaler v. Campbell

This is a suit in equity to restrain the defendant from diverting the waters of Clover Creek. Both the plaintiff and defendant derive the title to the lands which they own from the United States. Clover Creek is a natural stream of water, heading in government lands above the lands of the plaintiff and defendant, and runs through the lands of the plaintiff in a southerly direction, and partly through the lands of the defendant. The plaintiff alleges that in the fall of the year 1872, he appropriated all the water of said creek for the purposes of irrigation, stock water, and domestic uses;…