Farmers Dev. Co. v. Rayado L. & I. Co.

OPINION OF THE COURT-

BRICE, District Judge

(after stating the facts as above). The acts of appellant prior to its application on May 27, 1907, were ineffective because, first, ap-pellee’s work of the same character was prior in time; and, second, appellant’s claim is based upon its application of May 27, 1907. Its priorities, if any, are of that date. The letters, maps, etc., filed by appellee with the territorial irrigátion engineer prior to the enactment of..chapter 49 of the Laws of 1907, were not effective in initiating a claim for the appropriation of water. Section 19 of chapter 102 of…