BOWER v. BIG HORN CANAL ASS'N.

No. 2747

77 Wyo. 80 (1957)

307 P.2d 593

RAY F. BOWER Plaintiff and Respondent vs. BIG HORN CANAL ASSOCIATION, a Wyoming Corporation, Defendant and Appellant.

Supreme Court of Wyoming

February 26, 1957


Attorney(s) appearing for the Case

For the defendant and appellant, the cause was submitted upon the brief of Goppert and Fitzstephens of Cody, Wyoming, and oral argument by Mr. Ernest Goppert.

For the plaintiff and respondent, the cause was submitted upon the brief and also oral argument of Elmer J. Scott of Worland, Wyoming.

Heard before Blume, C.J., and Harnsberger and Parker, J.J.


OPINION

Mr. Justice Parker delivered the opinion of the court.

Plaintiff, Ray F. Bower, is the owner of some 569 acres of land sloping downward from the Big Horn Canal to the Big Horn River, all irrigable and part of it so seepy as to interfere with farming operations. The seepage water, all originating from the defendant's canal, is in part a normal residual from the irrigation process and in part a seepage directly from the canal. This latter has materially...

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