Laden v. Atkeson

court.

Plaintiffs are the owners of certain agricultural lands in Beaverhead county, and a water right appurtenant thereto in the Beaverhead River. Water is carried to their lands through certain ditches and sloughs located on the lands of defendant. A dam is maintained near a point in the river from which the main diversion ditch is taken. To keep the dam and ditches leading therefrom in repair, plaintiffs must enter upon defendant’s lands with dam building materials and other paraphernalia and vehicles for those purposes.

It is alleged in the complaint that plaintiffs entered upon defendant’s…