Ducham v. Tuma

In this case, we review a judgment issued by the Twentieth Judicial District Court, Sanders County, denying Plaintiffs’ request for a permanent injunction to stop Defendants’ discharge of water across their property. We reverse.

In 1959 and 1961, Lenora Hyland (Hyland) purchased adjoining tracts of property located north and south of each other in the Trout *439Creek drainage in Sanders County. She used the land for agricultural purposes, raising cattle, sheep and hay. A swale, or shallow depression, crossed the two tracts from the northeast to the southwest.

In 1963, Hyland built a small stock…