Howell v. Johnson
U.S. Circuit Court for the District of Montana
This is a bill to enjoin the diversion of the water oi a stream to which the complainant claims the right by prior appropriation. Heard on demurrer to the bill.
1Opinion of the Court
KNOWLES, District Judge.
The plain!iff is a citizen of the state of ■Wyoming. The defendants are all citizens of the state of Montana. In his bill of complaint, plaintiff sets forth that he is the owner of certain lands in the state of Wyoming, and that, for the purposes of irrigating the same, he appropriated certain waters of a creek called “Sage Creek.” This creek has its sources in Montana, and Hows for some distance within its boundaries before it enters the state of Wyoming. Plaintiff’s ditch and point of diversion of said waters are both within said last-named state. Defendants settled…
2Cases cited3 opinions
- Basey v. GallagherSupreme Court of the United States · 1875
- Osgood v. El Dorado Water & Deep Gravel Mining Co.California Supreme Court · 1880
- Union Mill & Min. Co. v. FerrisU.S. Circuit Court for the District of Nevada · 1872
3Cited by22 opinions
- California Oregon Power Co. v. Beaver Portland Cement Co.Supreme Court of the United States · 1935
- Wyoming v. ColoradoSupreme Court of the United States · 1922
- Hough v. PorterOregon Supreme Court · 1909
- City & County of Denver v. Northern Colorado Water Conservancy DistrictSupreme Court of Colorado · 1955
- Willey v. DeckerWyoming Supreme Court · 1903
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