57 P. 546 | Or. | 1899
delivered the opinion of the court.
This is a suit to determine an adverse claim to the use of water, to enjoin defendants from interfering with an irrigating ditch, and to recover damages for an alleged trespass. Plaintiff alleges that he is the owner of two
Considering the rights of the respective parties, the evidence tends to show that in 1871 William Wilson settled upon said two hundred-acre tract, then unsurveyed lands of the United States, through which Big Creek flows ; that in 1872 he dug a ditch from the east side of said stream, and appropriated water therefrom, and that, after he had perfected his title to said land,
We think the evidence conclusively shows that Wilson had the prior right to the water from the east side ditch, and, if any remained after he had used sufficient to irrigate his cultivated land, Hyatt was entitled to it, and that plaintiff, having succeeded to Wilson’s rights, is entitled, unless deprived thereof by an adverse user, to appropriate a sufficient quantity from the east side ditch to irrigate his cultivated ■ land lying on that side of the
Affirmed.