Wellman v. Kelley & Harrison

Plaintiffs Wellman seek to restrain defendants from obstructing the natural flow of the flood waters of Powder river. From a decree in favor of plaintiffs, defendants appeal.

Powder river flows in a northerly and northwesterly direction through plaintiffs’ ranch in Baker county. The defendant Harrison is the owner of a substantial parcel which adjoins the Wellman premises on the west. The defendant Kelley is his lessee. The land comprising the Wellman and Harrison ranches is dry and arid in its natural state; but with the aid of irrigation, partly by flooding and partly by artificial means, it…