Gila Water Co. v. Green

WINDES, Superior Judge.

— The facts are related in the former opinion in 27 Ariz. 318, 232 Pac. 1016. We formerly held substantially as follows: (1) That appellant at one time did have a right to construct a dam at the place of its present existence; (2) that this right to construct said dam was created by a compliance with the statutes of the territory relating to the appropriation of water and the actual construction of the present dam in 1893; (3) that the question of abandonment submitted to the jury was under the undisputed facts a law question, and that under the facts there was no…