STONE, Justice.
Plaintiffs in error, who were plaintiffs below, were the owners of land and appurtenant water right diverted from Graveyard Creek through Graveyard Ditch, the headgate of which was on lands of defendants Copeland, farmed by their tenant, defendant Miller. Copelands had a ditch with junior water right, having its headgate about a mile upstream from that of plaintiffs, and in the year 1950 repeatedly took the water therein when it was wanted and needed...
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