Village of Fairview v. Franklin Maple Creek Pioneer Irrigation Co.

GIVENS, J.'

-The Village of Fairview, situated in Franklin county, with a population of about four hundred fifty people, owns its own water system, which, as to the amount of water, is inadequate, and to remedy this situation in 1932 purchased a tract of land about nine miles northeast with all appurtenant water rights from Levi Oliverson, who through mesne conveyances deraigned title from John C. Whitehead. Upon this land there arises a small spring of water referred to as the “Whitehead Spring.” A short distance to the north of this spring, ancfr' upon the lands owned by the defendant,…