State v. American Fruit Growers, Inc.

— This is an action under the water code, §§7364, 7377, Rem. Comp. Stat. [P. C. §§7216, 7228], to determine the rights to the waters of Stemilt creek, in Chelan county, of several hundred landowners, but a few of whom have appealed.

The stream is some twelve miles in length and drains about forty square miles of territory, some of which is from 3,000 to 6,000 feet above sea level. All of the land tributary to the creek is arid, but much of it is capable of producing large farm crops when properly irrigated. The creek has its source in the mountains and empties into the Columbia river near the…