THE I K R I G A T I N AGE. 



789 



Supreme Court Decisions 



Irrigation Cases 



NOXVSKK OF \Y.\TKR 



\i -miser of an appropriation of water is not an abandon- 

 ment thereof, unless the intention to abandon exists. White v. 

 \'nckol!s. Supreme Court of Colorado. 112 Pacific 329. 

 USE OF WATER 



Rights of a riparian owner to the use of water at common 

 law included the right to use it for irrigation as well as for 

 domestic purposes. Lone Tree Ditch Co. v. Cyclone Ditch Co. 

 Supreme Court of South Dakota. 128 Northwestern 596. 

 CHANGE IN DIVERSION 



One suing to change the point of diversion of his irri- 

 gation ditch must show that it will not injuriously affect the 

 vested rights of others, though this may involve proof of a 

 negative. New Cache La Poudre Irrigation Co. v. Water Sup- 

 ply & Storage Co.. Supreme Court of Colorado. Ill Pacific 

 (no. 

 INDIAN LAND 



Where a riparian proprietor settled on his land while it 

 was Indian country, but continued to reside thereon when the 

 country was opened to settlement, and thereafter acquired 

 title, such title would relate back to the date of the opening, 

 and his riparian rights date from that event. Redwater Land 

 <Sr Canal Co. v. Reed, Supreme Court of South Dakota. 128 

 Northwestern 70S. 

 DAMS 



A lower riparian owner must show some damage in order 

 to restrain an upper owner from the beneficial use of the 



water, so that an upper riparian owner may dam the waters of 

 a stream for the purpose of floating logs therein, if such use 

 did not interfere with the water rights of the lower owner. 

 San Joaquin & Kings River Canal & Irrigation Co. v. Fresno 

 Flume & Irrigation Co. Supreme Court of California. 112 

 Pacific 182. 

 APPOINTMENT OF WATER COMMISSIONER 



The bounds of judicial authority are not trans- 

 cended by the appointment of a court of a water 

 commissioner charged with the duty of distributing 

 the waters of a river among the various irriga- 

 tion canals according to the adjudged priorities, and imposing 

 upon the parties a pro rata liability for his salary. Monte- 

 :uma Canal Co. v. Smithville Canal Co. Supreme Court of 

 the United States. 31 Supt. Ct. Rep. 67. 

 JUDGMENT AGAINST USERS OF WATER RIGHTS 



Irrigation canal companies and persons claiming under 

 them, made parties to a suit over water rights, whether viewed 

 as apprnpriators of water, or as mere carriers for others, suffi- 

 ciently represent the users of the waters of the respective 

 canals to cause such water users to be bound by the judgment. 

 Montezuma Canal Co. v. Smithville Canal Co. Supreme Court 

 of the United States. 31 Supt. Ct. Rep. 67. 

 WATER RIGHTS 



A decree determining the rights of an irrigation canal 

 company in the waters of a river, as against the owners of 

 other irrigation canals taking water from the river at points 

 above the head of its own canal, and against all persons claim- 

 ing under them, is res judicata as to such canal owners and 

 the water users under such canals in a subsequent controversy 

 over the respective rights of the appropriators of the waters 

 of such river. Montesuma Canal Co. v. Smiihville Canal Co. 

 Supreme Court of the United States. 31 Sup. Ct. Rep. 67. 



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