Sylvester v. Imhoff

This action involves an easement across the lands of another for the maintenance and operation of a ditch carrying irrigation water.

Appellants (defendants) are the owners of lands in Okanogan County. Respondents (plaintiffs) own lands nearby on which are orchards which require water.

Archibald Martin built the ditch in question over government lands and completed construction not later than 1903. Martin acted under the authority of an 1866 statute now known as Public Lands, 43 U.S.C.A. § 661 (1964), which permitted construction of ditches and canals across lands owned by the United States…