Dehaas v. Benesch

Extending some twenty miles along the south side of the Arkansas River, from which it carries a large volume of water for the irrigation of lands, lies the Besseemer Ditch. Below the ditch, seepage water emerges along the slopes and arroyos and flows in a northerly direction toward the river. Such seepage water comes to the surface in considerable quantity on lands owned by defendant Benesch and there collects in a natural depression or swale some quarter-mile in width which extends in a northerly direction through his lands and is known as the Green Arroyo. While the general slope is toward…