Hodges v. TRAIL CREEK IRRIGATION COMPANY

KEETON, Justice.

The parties to this action will be referred to as they appear in the trial court. Appellant will be designated as plaintiff and respondent as defendant. *13Plaintiff’s predecessor in interest appropriated 1.6 second feet of the waters of Trail Creek for irrigation use on the North Half of the Northwest Quarter (N% NW%.) of Section 10, Township 3 N, R. 45 E, B.M. in Teton County by priority of 1896. Plaintiff acquired title to the land in 1940. The water was decreed to plaintiff’s predecessor in 1910. The waters were diverted to plaintiff’s land, or his predecessor’s in interest,…