Hill v. Green

This appeal involves the right to the use of certain of the waters of Indian Creek, a tributary of Medicine Lodge Creek, in Clark county. Respondents, by the construction of certain works, claimed to have salvaged, reclaimed and put to a beneficial use, 10.4 cubic feet per second of time of the waters of said creek. The court de creed to respondents 3 cubic feet per second of time of said waters, from which decree this appeal is prosecuted.

The court found, among other findings, that Indian Creek flows through a porous bed and channel and, except during extreme high water and flood season, a…