MR. CHIEF JUSTICE ADAIR:
This is an appeal by defendant, William Armington, from a decree for plaintiff, B.H. Clausen, involving the use of waters of Tallow Creek, in Phillips county, Montana, which flows intermittently at times of melting snow in the spring or after heavy rains.
The action was brought to require defendant to construct and install, at the head of the ditch used by him to divert his water from the creek, a proper and sufficient dam and head...
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