Estes v. Crann

This is a controversy over water rights. The decree of the court was on defendants’ motion for judgment on the pleadings. The amended complaint has two causes of action. The first cause, admitting that defendants’ adjudicated priority right was for 40 cubic second feet, alleged that the decree, which awarded the same, was conditional, not absolute; and that the condition upon which the right to the use of water depends has been complied with by defendants only to the extent of 5 cubic feet per second of time, which the plaintiffs conceded the defendants were entitled to divert and use as…