Stevenson v. Steele

McQUADE, Justice.

All of the parties to this action own certain water rights originally established by an 1894 water decree (sometimes called the “Stockslager decree”) which apportioned the “waters of Basin Creek, Warm Springs Creek, Spring Creek, Bostetter Springs and Summit Creek and their tributaries.” 1 This controversy involves the waters of Warm Springs in particular, which rise upon appellant Steele’s land and form Warm Springs Creek, a tributary to Basin Creek (which latter creek is sometimes referred to in the record and exhibits as Mill Creek). The parties to this action are farmers…