Meine v. Ferris

MR. JUSTICE FREEBOURN:

Plaintiffs, as owners of certain arid lands in Beaverhead county, brought action against defendants, also arid land owners, to establish rights to certain waters from three sloughs known as the Willard Slough, Middle Slough and Back Slough.

From the findings and judgment of the trial court plaintiffs appealed.

Plaintiffs contend that the waters in such sloughs form living streams, the waters of which they need, are beneficially using, and are entitled to by virtue of prior appropriations. These waters are carried by three ditches, one from each slough, which are on…