McKelvey v. North Sterling Irrigating District

This is an action by defendant in error, plaintiff below, to enjoin the defendant from interfering with its appropriated water, escaping by means of seepage from the outlet ditch, from its reservoir, which conveys the water therefrom upon the lands embraced within the irrigation district, and to quiet title to such use of its ■ appropriated' waters.

*12It appears that in the construction of this outlet ditch it was necessary to cross a gulch or draw, which is usually dry, but which extended to the river below. This was done by constructing a fill on the lower side of the ditch, and which caused…