Legal Opinion

Johnston v. Little Horse Creek Irrigating Co.

Wyoming Supreme Court

Decided December 31, 1904PublishedCited by 33 opinions

Error to the District Court, Laramie County, Hon. Rich■ard H. Scott, Judge. The material facts are stated in the opinion. The ownership and control of the waters of Wyoming are vested in the state. (Const., Art. 8, Sec. 1; id., Art. 1, Sec. 31.) These constitutional provisions are self-operative.

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Error to the District Court, Laramie County, Hon. Rich■ard H. Scott, Judge. The material facts are stated in the opinion. The ownership and control of the waters of Wyoming are vested in the state. (Const., Art. 8, Sec. 1; id., Art. 1, Sec. 31.) These constitutional provisions are self-operative. They delegate no authority to enlarge or diminish their operation, and the Legislature would be powerless to enact a law divesting the state of its title to or control of its waters. The constitution designates the officers to act in controling state waters. (Const., Art. 8, Secs. 1 and 5.) The right…

1Opinion of the Court

PottER, Justice.

This is a proceeding in error complaining of a final decree entered by the District Court, in and for Laramie County, perpetually enjoining the defendants below, plaintiffs in error here, from any interference with the plaintiff below, defendant in error here, in the use and enjo)unent of an undivided one-half interest in and to ten (10) cubic feet of water per second of time of the waters flowing in Little Horse Creek; the said ten cubic feet of water being the amount awarded to the Spring Vale Ditch Company by decree of the State Board of Control, rendered May 7, 189T, as of…

2Cases cited8 opinions

  1. Frank v. HicksWyoming Supreme Court · 1894
  2. Hard v. Boise City Irrigation & Land Co.Idaho Supreme Court · 1904
  3. Boise Irrigation & Land Co. v. StewartIdaho Supreme Court · 1904
  4. Cache La Poudre Irrigating Co. v. Larimer & Weld Reservoir Co.Supreme Court of Colorado · 1898
  5. Lytle Creek Water Co. v. PerdewCalifornia Supreme Court · 1884

3 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Wyoming v. ColoradoSupreme Court of the United States · 1922
  2. Basin Electric Power Cooperative v. State Board of ControlWyoming Supreme Court · 1978
  3. Anderson v. Wyoming Development Co.Wyoming Supreme Court · 1944
  4. In Re Water Rights of Deschutes RiverOregon Supreme Court · 1929
  5. White v. Wheatland Irrigation DistrictWyoming Supreme Court · 1966

28 more not listed; retrieve them via the Exa API.

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