York v. Davidson

Defendants are engaged in placer mining by the hydraulic system in Taylor’s Gulch, a tributary of a stream which traverses a portion of plaintiff’s land, known as “Garris Creek’’; the necessary water, aside from that contained in the gulch, being carried to it from Rocky Greek, Miners’ Creek, and Carris Creek by means of ditches. The two creeks first named also discharge into Garris Greek, and all these streams, including Miller Creek, flow more or less through a decomposed granite formation. The point of operation is located two miles above the lands of the plaintiff, and at an elevation of…