Graveley Simmental Ranch Co. v. Quigley

¶62 I concur with the majority’s resolution of issues two through six. I dissent from the majority’s conclusion under issue one that the Defendant James C. Quigley’s irrigation ditch easement is limited to a conveyance 800 miner’s inches.

¶63 Although various district court proceedings are discussed in the majority Opinion, only one proceeding, Powell County District Court Number 4234, actually decided ownership of Ophir Ditch and decreed the amount of flow that should be permitted through that ditch. That decree which was entered on March 24, 1962, stated:

Now, therefore, it is ORDERED…