Irion v. Hyde

This is an appeal from an amended judgment rendered pursuant to new findings of fact and conclusions of law made after the cause had been here on a prior appeal and had been remanded to the district court for further proceedings.

In 1937 plaintiffs sought to enjoin defendants from maintaining dams alleged to interfere with plaintiffs’ prior water rights on Sheep Creek. In their answer and cross-complaint defendants claimed a water right superior to plaintiffs’ to the extent of 1,500 miner’s inches on the creek and two of its tributaries, by adverse user and by plaintiff’s abandonment, and…