Smith v. King Creek Grazing Ass'n

BURNETT, Judge.

The question presented is whether the owners of a farm are entitled to relief from the flooding of their fields by water originating in a spring located on higher property. The farmers, Delmo and Mada Smith, brought this action when King Creek Grazing Association improved and developed a spring on its higher ground. King Creek used the augmented supply of spring water for consumption by its cattle. During the autumn and winter, water not used by King Creek was discharged into a natural channel which crossed other properties and led to the Smiths’ farm. This channel always had…