Vidal v. Kensler

Mabel H. Vidal has appealed from a judgment decreeing the water rights out of Camp Creek, in Lincoln county. Those rights which are material to this appeal are as follows: Leslie Kensler, 120 miner’s inches as of date June 15, 1904; Mabel H. Vidal, 60 miner’s inches as of date May 18, 1905.

The only question presented for determination is as to whether or not the evidence adduced sustains the findings and decree granting Kensler priority of right over Vidal.

The date of an appropriation appearing in a water right. decree is material only in its relation to the question of priority. (St. Onge v.…