Warder v. Shufeldt

BRICE, Justice.

From a judgment and sentence in a proceeding for civil contempt, the appellant has prosecuted this appeal.

The appellant is the owner of certain lands to which are appurtenant water rights out of the flow of the Mora river. The water is diverted into a ditch capable of carrying the normal flow of the river, by an improvised dam constructed of brush, logs, and mud built across the river some distance above appellant’s property, and then conducted through a ditch to a mill operated by appellant by water power. At the mill is a sluice gate through which the water from the ditch can…