Gibson v. Cann

This action was commenced by appellant for the purpose of condemning a right of way for a ditch and land for reservoir sites across and on the lands of appellee, the waters thus conducted and conserved to be used for irrigation. A commission was appointed to ascertain the necessity for taking the lands sought to be condemned. On the issue of necessity, the cause was submitted to the commission upon the theory that in determining this question it was proper to consider the practicability and feasibility of obtaining water from sources from which it was intended to supply the ditch and…