Smith v. Krutar

This is an appeal by plaintiffs from a judgment for defendants in an action seeking an injunction and damages in connection with defendants’ use of waters from three streams. The case was tried in the district court of Powell County without a jury.

Basically this case involves the ownership of disputed water rights in the North Fork of the Blackfoot river and two> smaller tributaries. Dry Creek and Spring Creek. The parties; herein are adjoining landowners.

In 1938 a decree entered by this same district court in Cause #2259 (Jacobson, et al., v. Copenhaver, et al.), adjudicated certain water…