Morrison v. Higbee

Water users, Miller and Hughes, appeal from a judgment ordering them to remove trees and brush from along their irrigation ditches and to allow respondents, Robertson and Megee, to repair and maintain the ditches. The judgment was entered in the District Court of the Fifth Judicial District, Madison County.

The two parallel ditches in question divert water out of South Meadow Creek, which rises in South Meadow Creek Lake in the Beaverhead National Forest, flows easterly, and then empties into Ennis Lake. The ditch used by appellants, Miller and Hughes, is the first ditch of the two parallel…