(Download) "White v. Wheatland Irrigation District" by Supreme Court of Wyoming " Book PDF Kindle ePub Free
eBook details
- Title: White v. Wheatland Irrigation District
- Author : Supreme Court of Wyoming
- Release Date : January 15, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Claiming to have acquired by prescription an easement for a water ditch across certain lands belonging to the defendants, the plaintiff commenced an action among other things to enjoin the defendants from interfering with the ditch as it traversed their lands. By their answer defendants denied that plaintiff had a ditch across their lands and also denied that plaintiff had acquired an easement for the ditch right of way. Alternatively, defendants denied that they had in any way interfered with the ditch. By way of counterclaims defendants sought to have title to their lands quieted as against the plaintiff and further sought to have declared void an order entered by the Board of Control of the State of Wyoming on April 17, 1935, amending a certificate of appropriation previously granted to one of plaintiffs predecessors in interest relating to a part of the water being conveyed through the ditch claimed by plaintiff. Upon trial of the case the trial court found generally for the plaintiff and against the defendants and decreed that plaintiff was the owner of the ditch in question and had an easement for a right of way therefor across the lands of the defendant. The defendants were also enjoined from interfering with plaintiffs use of the ditch. The trial court further found, however, that the defendants and their predecessors had a right out of the same source from which plaintiff diverted its water, and the portion of plaintiffs ditch that crossed the defendants lands was utilized by the defendants or their predecessors for distribution of their appropriated water. It was further provided that defendants were entitled to continue the use of plaintiffs ditch in the same manner that it had been used in the past without in any way enlarging such use. The defendants have appealed from the judgment so entered.