Franklin Cub River Pumping Company v. Le Fevre

KEETON, Chief Justice.

This controversy presents for determination the question of whether defendant (respondent) has by the construction of a dam built in 1954 across what is known as Doney Hollow, interfered with and diminished an appropriation of Cub River water for irrigation purposes owned by plaintiff (appellant).

Doney Hollow-is-approximately a two-mile long ravine which traverses land owned by defendant, a neighbor named Parkin son, and others. Any waters running down Doney Hollow drain into Cuh River above a pumping plant of plaintiff used to pump water for irrigation purposes with an…