Creek v. Bozeman Water Works Co.
Montana Supreme Court
Appeal from Ninth Judicial District, Gallatin County. Action to enjoin the diversion of water. Judgment was rendered for the defendant below by Buck, J., sitting in place of Armstrong, J. Statement of the case by Mr. Justice Harwood: By this action plaintiff seeks to enjoin defendant from diverting all the waters of Lyman creek, described in the complaint, situate in Gallatin county, and conveying the same into a reservoir, and thence to the city of Bozeman for the use of…
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Appeal from Ninth Judicial District, Gallatin County. Action to enjoin the diversion of water. Judgment was rendered for the defendant below by Buck, J., sitting in place of Armstrong, J. Statement of the case by Mr. Justice Harwood: By this action plaintiff seeks to enjoin defendant from diverting all the waters of Lyman creek, described in the complaint, situate in Gallatin county, and conveying the same into a reservoir, and thence to the city of Bozeman for the use of the inhabitants thereof; whereby plaintiff alleges that she is entirely deprived of the use of one hundred inches of the…
1Opinion of the CourtHarwood, J.
— The main question of law involved in this case may be stated by the following propositions: Where several individuals, in succession, have, pursuant to the provisions of the laws of this state regarding water rights, appropriated and acquired right to use the waters of a creek for certain beneficial purposes, such as the irrigation of their respective farms, may the first appropriator, or his successor, after subsequent appropriations have been acquired, not only use the waters of the creek by him appropriated for his individual uses, but, in addition, after his individual use has been…
2Cases cited1 opinion
- Hope Mining Co. v. BrownMontana Supreme Court · 1891
3Cited by19 opinions
- Allen v. PetrickMontana Supreme Court · 1924
- Tucker v. Missoula Light & Railway Co.Montana Supreme Court · 1926
- Rock Creek Ditch & Flume Co. v. MillerMontana Supreme Court · 1933
- Galiger v. McNultyMontana Supreme Court · 1927
- Brennan v. JonesMontana Supreme Court · 1936
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