Wanamaker Ditch Co. v. Pettit

These parties appear here in the same order as in the trial court and for convenience we refer to them as plaintiff and defendants.

Plaintiff owns the Wanamaker Ditch from which, for many years, defendants have taken water for irrigation. They claim they are owners of an interest therein and have the right to take their water without charge save their proportionate share of the expenses of upkeep. Plaintiff’s position is that they are subject to the same charges for delivery as strangers.

In 1907, Thomas Williams purchased from the then owners, four hundred acres, known as Standley Heights, and…