Thompson v. Bingham

KEETON, Justice.

Plaintiffs and defendants own adjoining land. For more than five years prior to 1953 plaintiffs utilized and used for irrigation purposes certain waters escaping from lands owned by defendants. The water of which plaintiffs claim ownership did not come from any lake, river, creek, spring, natural stream or other established source, but during a part of the year escaped by seepage or overflow from lands owned and irrigated by defendants. This water accumulated in a small gully or ravine and ran from defendants’ land onto plaintiffs’ land and was there impounded and at times…