Woodward v. Perkins

This appeal involves the right to the use of water taken from a stream which is the source of supply for irrigation to a large number of land owners. The case was tried to the court without a jury. Findings were made and judgment was entered thereon for the defendants. The appeal is from the judgment.

The action was brought by appellants to restrain the respondent Perkins from taking and using water flowing in Dempsey Creek and which is diverted by ditch and used upon his land for irrigation. Dempsey Creek is the common source of water supply of the appellants and respondent. All are land…