Louth v. Kaser

The appellee here, plaintiff below, sought to enjoin defendant-appellant from preventing plaintiff’s coming upon defendant’s land for the purpose of maintaining and repairing what is known as the Gilland Ditch and to clean out and repair the head-gate to that ditch on Lodge Pole Creek.

Plaintiff had a water right adjudicated by the State Board of Control for 3.50 cubic feet of water per second of time to be used for the irrigation of 245 acres of his lands. The waters were diverted from Lodge Pole Creek at a point on defendant’s lands and were carried across a portion of defendant’s lands…