Frizell v. Bindley

The opinion of the court was delivered by

Dawson, J.:

This action was begun in the district court of Pawnee county to determine the rights of certain riparian landowners to the use of the water in Pawnee creek for purposes of irrigation.

*85Pawnee creek is a natural watercourse which arises in Finney county, flows northeast through Hodgeman and Ness counties, enters Pawnee county and flows eastward for two thirds of the distance across that county and empties into the Arkansas river near the city of Larned. In Pawnee county this stream runs through a valley about three miles wide, of unusual…