Farmers Reservoir & Irrigation Co. v. Town of Lafayette

delivered the opinion of the court.'

Plaintiff in error is hereinafter referred to as the company and defendant in error, the town of Lafayette, as the town. The Howard Ditch Company appears in the litigation only by reason of the fact that a stipulation signed by it relative to its rights, so far as they were touched by the decree, was filed herein.

The town, a municipal^ with a population of about 1800, brought this action to change the point of diversion of certain of its water which it uses for domestic purposes. The company, having an appropriation for irrigation from the same stream and…