Cleaver v. Judd

Defendants appeal from a decree enjoining them from diverting the waters in an unnamed draw which are used by plaintiffs for irrigation purposes.

The suit may be described roughly as a contest between an irrigation district and two owners of farm land over the right to water in a draw extending through a part of the irrigation district. ① Defendants contend that aside from surface water runoff the water in the draw consists solely of waste and seepage water from its irrigation project and that they have a right to recapture these waters while still within the boundaries of the reclamation…