Steptoe Live Stock Co. v. Gulley

There must be an actual appropriation of water by artificial means. Walsh v. Wallace, 26 Nev. 229, 67 P. 914; Kinney (2d ed.), vol. 2, p. 1216.

We are unable to find where any of the elements of an appropriation are complied with by the turning of cattle on the public range to go where they desire, following their natural instinct and the feed, drinking where and when they may please. Patterson v. Ryan (Utah), 108 P. 1118; Robinson v. Schoenfeld et al. (Utah), 218 P. 1941.

The honorable judge of the district court, in his opinion and decision, makes mention of the case of Cascade Town Company…