Johnson v. Strong Arm Reservoir Irrigation District

McQUADE, Justice.

Appellants brought this action to enjoin respondents from interfering with their use of four cubic feet'per second free flow (natural flow) rights to á certain stream known as Battle Creek. Respondents assert these water rights claimed by appellants have been surrendered to its predecessor, the Strong Arm Reservoir Company.

Prior to 1898, the predecessors of Francis J. Armstrong irrigated from the free *481flow of Battle Creek, a tributary to Bear River. This being a small stream inadequate to supply sufficient water during the summer and fall months, Armstrong’s predecessors,…