Thomas v. Guiraud

The pleadings and evidence in this case fairly sustain the following conclusions of fact, viz.: That in 1862, Adolph Guiraud, ancestor of defendants in error, settled upon lands adjacent to Trout creek; that by means of dams and other contrivances, he then turned or diverted water from said stream sufficient to irrigate a portion of said lands, and cultivated hay and other crops thereon; that during or before the year 1810, he made a second diversion of water by means of a ditch, and cultivated another tract of land therewith; that these diversions included all of the water ordinarily flowing…