Compton v. Knuth

The Mexican ditch has a decree for four second feet of water, one foot of which is owned by each of four neighboring farmers. A short distance below its head-gate the ditch was constructed through a hill with banks some fourteen feet high. Because of difficulty of maintaining the ditch through the cut, a detour ditch thereafter was constructed around the hill, and the portion of the ditch cut through the hill was abandoned, at least temporarily. During the low water season, it is necessary to maintain a dam in the stream in order to divert the water to which the owners are entitled through…