Loyning v. Rankin

Action to enjoin the defendants from diverting water from Piney creek in Carbon County, Montana. From a judgment for plaintiffs granting the relief prayed for, defendants appeal.

Piney creek rises in or near the Pryor mountains in Carbon County and flows in a westerly direction for about six miles to a point about a mile north of Warren, Carbon County, to a confluence with Sage creek. It has well defined banks and channel, the latter at places 12 to 15 feet deep, with a gravel or stony bed in some stretches,, and with sharp descents where the water sinks into the substrats. It is entirely…