Broadmoor Dairy & Live Stock Co. v. Brookside Water & Improvement Co.

This action was originally brought by appellants in the district court of El Paso county to restrain appellees from diverting, through and by means of a certain pipe line, the water flowing in Cheyenne creek, a natural stream situate in El Paso county. The material facts, as they appear from the pleadings and evidence, are in brief as follows :

The appellants, through various conveyances, are the present owners of the Cheyenne ditch, constructed in 1860 (and alleged to have been enlarged in 1862) for the purpose of diverting and appropriating the waters of said creek to the irrigation of…