Pence v. Shivers

Frank D. Shivers appeals from a decree awarding respondents the prior right to the use of one and three-fifths second-feet, continuous flow, of the waters of Dry Creek, in Payette county, up to May 1st of each year, for the irrigation of respondents' lands, and en. joining appellant from interfering therewith.

Respondents own a ranch lying on the north side of Big Willow Creek in Payette county. Dry creek intersects and flows through their ranch and into Big Willow Creek at the south line of the ranch. Respondents have an ample water supply from Big Willow Creek to irrigate the greater part of…