Hall v. Lincoln

This suit was instituted by plaintiffs in error in March, 1890, to restrain defendants from diverting the waters of Big Fountain Creek to the damage of plaintiffs. It is a contest over the right to divert and use said waters for agricultural purposes between two irrigating ditches, — the Hall and Owen ditch, owned by plaintiffs, and the Lincoln ditch, owned by defendants. The inception of the right of the Hall and Owen ditch was claimed to date from a diversion of the water and its actual appropriation to beneficial uses in 1862; that of the Lincoln ditch from a similar diversion and…