Pioneer Irrigation District v. Smith

— Appellant, a duly organized irrigation district, brought this suit for an injunction to restrain defendant from permitting his hogs to go upon its right of way and ditch, or in the waters thereof, situate on defendant’s premises. The complaint alleges a prescriptive right of way, enjoyed for twenty-five years, fifteen feet on each side of the center line thereof, for a ditch across defendant’s forty-acre tract, for the purpose of conveying irrigation water to about five hundred acres of land situate in plaintiff irrigagation district; that said ditch is a necessary part of plaintiff’s…