Popham v. Holloron

In June, 1927, the plaintiff, E. L. Popham, commenced action to have his rights in certain waters, alleged to have been appropriated for irrigation purposes decreed and the defendant Elizabeth Holloron, enjoined from interfering therewith. The complaint is in the usual form in water right cases except that it alleges the source of the water as “Holloron gulch.”

By answer, the defendant alleges that Holloron gulch “is a natural dry run or ravine in which, except during the season of the year when melting snows might cause water to flow therein, and is not a natural stream fed by springs; that…