Gibbs v. Gardner

court.

The plaintiff seeks a writ of injunction to abate a nuisance. The alleged nuisance consists of maintaining and operating in an alleged unlawful manner a headgate in an irrigation ditch. The ditch is owned jointly by the parties to the action at bar and a number of others.

In 1903, in an action designated as Cause No. 1953 in the District Court of Missoula county, Montana, 23 water rights out of Rattlesnake Creek were adjudicated. The total awards by that adjudication aggregated approximately 6,000 inches, while the normal flow of the stream is approximately 2,000. The waters were…