Gwynn v. City of Philipsburg

This is a suit for an injunction by the holders of an adjudicated downstream water right against a city maintaining an upstream dam and storage reservoir. Plaintiffs seek to restrain the city from decreasing the amount of flow in the stream during the irrigating season at the head of plaintiffs’ irrigation ditches. From an adverse judgment, denial of their motion for a new trial, and denial of their motion to amend the findings of fact and conclusions of law, plaintiffs appeal.

The sole issue upon appeal is the sufficiency of the evidence to support the findings of fact and judgment.

The…