McCook Irrigation & Water Power Co. v. Crews

Pound, C.

The plaintiff is operating an irrigation ditch, taking water from the Republican river as appropriator. The defendants are riparian owners upon the Frenchman, a principal tributary of the Republican river immediately above the plaintiff’s canal, and claim a right to irrigate their lands with the water of said stream, both by virtue of their riparian rights and under subsequent appropriations. With the latter we have no concern. This suit is brought to enjoin the defendants from diverting water *111necessary to the conduct and operation of the plaintiff’s ditch, and claimed by the…