Scossa v. Church

*256By the Court,

Sanders, C. J.:

This proceeding was commenced in the year 1914, before the state engineer, to determine the relative rights of the parties herein, the only claimants, to the waters of Barber Creek, in Douglas County. It culminated in a final decree in May, 1921, which adjudged to respondents the first right to the waters of the stream and its tributaries, with a priority from the year 1852, granting to them the use of 2 cubic feet of said waters per second throughout each year, and to 3.0436 cubic feet per second or 1,102.81 acre-feet during the irrigating season, from April 1 to…