Basinger v. Taylor

This action was instituted to quiet title to the waters of Dry Creek, in Custer county, and to restrain the defendant Sutcliffe, as water-master, from interfering with the rights of plaintiffs below,- appellants here. All of the appellants, except the Blaine County Irrigation Company, were farmers who had used water from said creek for many years for the irrigation of their lands. They .had diverted their water from said Dry Creek, across low land and gravel-bars, through a ditch known as “Farmers’ Ditch,” and discharged the same into Wet Creek at a point about a mile and a half distant from…