Willey v. Decker
Wyoming Supreme Court
Reserved questions from the District Court, Sheridan County, Hon. Joseph L. Stotts, Judge. The case is stated in the opinion. The proposition that prior appropriation gives the better right is no longer, a controverted question. (Broder v. Water Co., 101 U. S., 274.) Such rights are based upon the Congressional enactments, and are dependent upon them.
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Reserved questions from the District Court, Sheridan County, Hon. Joseph L. Stotts, Judge. The case is stated in the opinion. The proposition that prior appropriation gives the better right is no longer, a controverted question. (Broder v. Water Co., 101 U. S., 274.) Such rights are based upon the Congressional enactments, and are dependent upon them. (Basey v. Gallagher, 87 U. S., 670.) The right to divert water for beneficial purposes was early recognized by the laws of this State. (Compiled Daws 1876, p. 377; Moyer v. Preston, 6 Wyo., 308.) Also in Montana. (Atch-ison v. Peterson, 87 U.…
1Opinion of the Court
Potter, Justice.
This cause was submitted to the District Court sitting within and for the County of Sheridan upon an agreed statement of facts, and thereupon that court ordered certain important and difficult questions arising in the case to be reserved for the decision of this court. With one exception the reserved questions relate to the jurisdiction of the court to award the relief prayed for.
*506The action is brought to restrain certain of the defendants from diverting the waters of Youngs Creek to the injury of the plaintiffs, who claim a right to the use of the water by prior appropriation.…
2Cases cited33 opinions
- United States v. Rio Grande Dam & Irrigation Co.Supreme Court of the United States · 1899
- Atchison v. PetersonSupreme Court of the United States · 1874
- Broder v. Water Co.Supreme Court of the United States · 1879
- Livingston v. JeffersonU.S. Circuit Court for the District of Virginia · 1811
- Coffin v. Left Hand Ditch Co.Supreme Court of Colorado · 1882
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3Cited by43 opinions
- Wyoming v. ColoradoSupreme Court of the United States · 1922
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- Ormsby County v. KearneyNevada Supreme Court · 1914
- Day v. ArmstrongWyoming Supreme Court · 1961
- Boquillas Land & Cattle Co. v. CurtisSupreme Court of the United States · 1909
38 more not listed; retrieve them via the Exa API.