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Downstream Use Upheld
Publication year - 1994
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.1994.tb06218.x
Subject(s) - ditch , closing (real estate) , irrigation , downstream (manufacturing) , field (mathematics) , political science , law , hydrology (agriculture) , geography , engineering , operations management , ecology , geotechnical engineering , biology , mathematics , pure mathematics
David Dixon and Deaf Smith County Grain Processors owned neighboring ranches with irrigation rights on the Dry Cimarron River system. This dispute involved two ditches off the river‐‐the Escondido and the Beheimer. Deaf Smith was the sole user of the Escondido for irrigation. Both used the Beheimer. Before 1945, Deaf Smith's predecessors dug a lateral ditch from the Escondido to the Beheimer to irrigate a field south of the Beheimer with water from the Escondido. In 1989, Deaf Smith sued Dixon, claiming he had interfered with irrigation of the field by closing the headgates. The trial court ruled for Deaf Smith and enjoined Dixon from interfering with such transportation of water.