Fulton Irrigating Ditch Co. v. Sanstad

Opinion by

Mr. Justice Teller.

This cause is before us on error to a decree changing the point of diversion of 9.133 second feet of water from the headgate of the Duggan Ditch to the headgate of the Burlington Ditch, both located in Water District No. 2.

The Duggan Ditch is a short ditch, having its head-gate between the headgates of plaintiffs in error and that of the Burlington Ditch, which is three miles up the river.

The court found for the petitioner on the question of injury to respondents by the proposed change of the point of diversion, and entered a decree accordingly.

The motion of…