143 P. 302 | Wyo. | 1914
This action was brought by the defendants in error against the plaintiffs in error and Carson Adams, water commissioner, to enjoin them from closing a headgate and shutting off a part of the water claimed by plaintiffs below. The district court granted an injunction, and plaintiffs in error appeal.
It appears that the Cowpers were the owners of certain lands, and on March 26, 1892, in a proceeding for the adjudication of the waters of Soldier creek, the board of control granted to the Plome Ditch or Home Water Ditch the first and prior right to the use of the waters of said creek in the amount of 1.8 cubic feet per second of time for the irrigation of 120 acres of the Cowper lands, said ditch being owned by them and taking water from said creek. On December 31, 1910, the Cowpers sold and conveyed to the City of Laramie said ditch and water right, and by agreement between them the Cowpers continued to use the ditch and water to irrigate a part if not all of said lands until July 12, 1912, when defendants shut off the water from said ditch except .38 of a cubic foot. The plaintiffs alleged that at that time and at the time of the commencement of this action, July 27, 1912, they desired to irrigate all of the 120
At the time the adjudication of the water rights on Soldier creek was made by the Board of Control, it was the duty of the State Engineer to make an examination of the stream, and the works diverting water therefrom, including the measurements of the discharge of the stream, and of the carrying capacity of the various ditches and canals diverting water therefrom; and an examination of the irrigated lands, and an approximate measurement of the lands irrigated, or susceptible of irrigation from the various ditches and canals, which observations and measurements were .required to be reduced to writing, and made a matter of record in the Engineer’s office. (Ch. 8, Sec. 24, S. E. 1890-1; Comp. St. 1910, Sec. 776). After the completion of such measurements and the return of the evidence taken by the Division Superintendent, the Board of Control was required to make and enter of record in its office, an order
While the water is to be distributed according to established priorities, the statute also provides that the water commissioner shall, as near as may be, divide, regulate and control the use of the water of all streams within his district by such closing or partial closing of the headgates as will prevent the waste of water, or its use in excess of the volume to which the appropriator is lawfully ^entitled. (Sec. 802, Comp. St. 1910). The volume of water to
Reversed.