Hinton v. Little

BUDGE, J.,

Dissenting. — The several plaintiffs and defendants are owners of separate tracts of land near Grand-view, Owyhee county. The lands, being arid, depend for irrigation upon water supplied from artesian wells, eighteen of which are on plaintiffs’ lands and three on defendants’. Plaintiffs claim as a prior right to the use of all artesian waters in the district on the theory of priority in appropriation and beneficial use. This action was instituted by plaintiffs to have their respective water rights determined and quieted and to enjoin interference therewith by defendants. Upon motion…