McIntosh v. Graveley

MR. JUSTICE HASWELL,

delivered tbe Opinion of the Court.

This is a suit involving defendant’s right to use certain waters of Spring Gulch, a tributary of Ophir Creek, in Powell County for irrigating a tract of land in an adjacent drainage and to change the point of diversion of such waters. The district court of Powell County, the Hon. Nat Allen, district judge presiding without a jury, entered a judgment of dismissal of plaintiffs’ claims. From this final judgment, plaintiffs appeal.

The findings of fact of the district court in the instant case set forth the salient facts involved in this…