Lone Tree Ditch Co. v. Rapid City Electric & Gas Light Co.
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. Levi McGee, Judge. Action by tbe Lone Tree Ditcb Company, a corporation, and others, against the Rapid City Electric & Gas Light Company, a corporation. Prom judgment in favor of plaintiffs, defendant appeals.
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Appeal from circuit court, Pennington county. Hon. Levi McGee, Judge. Action by tbe Lone Tree Ditcb Company, a corporation, and others, against the Rapid City Electric & Gas Light Company, a corporation. Prom judgment in favor of plaintiffs, defendant appeals. Ownership and possession of land are essential for the acquisition of a righ to divert and appropriate waters from a Tuning stream, and inasmuch as it is conceded that the plaintiff corporation is not now and has not been the possessor or owner of any land, it cannot maintain this action. Slosser v. Salt River Canal Co., 65 Pác., 332.…
1Opinion of the CourtFuller, J.
This action by the corporate owners of a .prior water right to restrain the defendant corporation from maintaining a dam across Rapid creek at Rapid City, and from interfering in any manner with their use of the water for irrigation, agricultural, and domestic purposes, resulted in a judgment for plaintiffs, and defendant appeals.
*455Prior to March 14, 1882, respondents lawfully located and constructed the Lone Tree ditch, thereby duly appropriating 1,500 inches of the waters of Rapid creek; and during the year 1890 appellant erected the dam complained of, and, in order to obtain sufficient power…
2Cases cited1 opinion
- Natoma Water & Mining Co. v. McCoyCalifornia Supreme Court · 1863
3Cited by3 opinions
- State ex rel. Koontz v. BrownSouth Dakota Supreme Court · 1910
- Kelly v. WheelerSouth Dakota Supreme Court · 1909
- State ex rel. Minehan v. ThompsonNorth Dakota Supreme Court · 1912