Cundy v. Weber

The complaint of plaintiff alleges the right to divert and use sixty-nine miner’s inches of the waters of Higgins’ Gulch in Lawrence County for irrigation of his farm and for other uses, and that the defendants, during the years immediately preceding the commencement of this action, have wrongfully interfered with that right and have diverted all of the flow of that stream. Plaintiff prays for an adjudication of his right and that defendants be permanently enjoined from diverting water in derogation of that right.

The defendants’ answer alleges a prior appropriation and right to the use of…