Wallace v. Weitman

Plaintiffs and defendants own adjoining properties, both of which abut on the Snake river. A small stream now flows in its natural channel through the plaintiffs’ land to the Snake river. The stream does, not touch defendants’ land at any point. At the time plaintiffs bought their land in 1952, the stream was in its natural bed....Defendants bought their land in 1954. In 1914, a ditch had been dug through defendants’ land, and the total stream had flowed through it for many years. At a point above the plaintiffs’ land, the defendants diverted the total flow of the stream back into the old…