Village of Peck v. Denison

McQUADE, Justice.

The evidence produced at the trial established the following facts. A controversy arose over the ownership of certain rights to water arising upon approximately thirty-five acres of land about one-half a mile west of the Village of Peck (hereafter referred to as the Village). This land is owned by appellant Denison at the present time and is hereafter referred to as the “Denison land.” Running through the Denison land is Bear Creek, the waters of which empty ultimately into the Clearwater River. Within the Denison land and on the north side of Bear Creek there is a rocky and…