Sternberger v. Seaton Mining Co.

The object of this action is to enjoin defendant from diverting the waters of South Clear Creek, a natural stream. Plaintiffs are owners of - land through which, they say, the waters of the stream have hitherto been accustomed to flow in their natural channel, until defendant, by its wrongful acts, diverted them into an artificial course. Before defendant’s rights, if any, accrued, plaintiffs’ grantor acquired by patent the lands from the United States government under the public land laws of congress, as of date July 1st, 1868, while our territorial form of government was in existence and…