Osborn & Caywood Ditch Co. v. Green

SMITH, Judge.

This is an appeal from an injunction issued by the trial court which prohibited the defendants Green from irrigating across the plaintiff’s canal. We modify the injunction, and, as modified affirm.

The trial court found the facts to be as follows. Plaintiff is Osborn-Caywood Ditch Company (company) which owns the Osborn-Caywood Ditch. This ditch, which has been in existence for many years, bisects the Greens’ land. In 1977, the defendant Jerald Green contacted the owners of the ditch company and indicated that he desired to install a moveable overhead sprinkler to irrigate his…