Perkins v. Kramer

This is an appeal from a judgment entered in favor of the respondent in an action for declaratory judgment granting respondent certain water rights in Dempsey Creek, Powell County.

The history of this case is a long one.- Dempsey Creek is a living stream of fresh water arising in a high mountain area on the west side of Deer Lodge Valley and flowing generally eastwardly into Deer Lodge River. During summer months the entire flow of Demsey Creek is used for the irrigation of the agricultural lands of the parties to this action, but during the winter months, no use is made of the flow of Dempsey…