Mountain Meadow Ditch & Irrigation Co. v. Park Ditch & Reservoir Co.

The Mountain Meadow Ditch, owned by plaintiff in error, was awarded a decree for 25.6 second feet, Priority No. 217-BB, as of date of May 31, 1902, out of Cattle Creek, and defendants in error, who were plaintiffs below, are owners of ditches having decrees junior to the Mountain Meadow Ditch.

It was alleged in the complaint that the adjudication of said priority to the Mountain Meadow Ditch was by a conditional decree; that no water in excess of thirteen second feet of said priority had ever been applied to beneficial use by defendant thereunder; that plaintiffs had beneficially used the'…