State Ex Rel. McKnight v. District Court

It is my opinion that the district court was correct in making the order complained of. I concede that a decree in a water right suit is res adjudicada only upon the parties to the action, and their successors, and that it is not binding upon those who were not made parties unless they make their appropriation after the decree. (See. 7128, Eev. Codes.) In such a situation, however, our statute provides a remedy for the person not made a party. This is found in section 7124.1, Eevised Codes, which provides: “At any time after the entry of any decree, any person, not a party to such decree,…