Orchard City Irrigation District v. Whitten

Opinion by

Mr. Justice Day.

The parties appear here in the same order as in the trial court, and we will refer to them as plaintiff and defendants or by name.

Plaintiff owns and operates Fruit Growers Reservoir, situated almost midway between the lower reaches of Surface Creek and Dry Creek in Delta County, Irrigation Division No. 4, Water District No. 40. The two streams are parallel and adjacent tributaries to the Gun nison River. The reservoir is supplied with water largely by means of Alfalfa Ditch from Surface Creek and by means of Transfer Ditch from Dry Creek. In 1907 the district court…