Rock Creek Ditch & Flume Co. v. Miller

This is an appeal by plaintiff from a judgment in favor of defendants. The plaintiff, a corporation, was organized principally to supply water to its stockholders who owned irrigable lands in the Trout Creek Yalley in Granite county, but under its articles of incorporation it has ample power to appropriate, acquire, sell and otherwise dispose of water. Pursuant to its primary purpose, the plaintiff, in 1914, constructed a ditch, or canal, seven miles in length, running from the east fork of Rock Creek over the ridge which separates the Rock Creek and Trout Creek watersheds, into' the Trout…