X Y Irrigating Ditch Co. v. Buffalo Creek Irrigation Co.
X Y Irrigating Ditch Co. v. Buffalo Creek Irrigation Co.
Opinion of the Court
delivered the opinion of the court.
In the year 1895 the district court of Bent county, in proceedings instituted under the so-called irrigation statutes, entered a decree adjudicating the priorities to the use of water for irrigation in water district No. 67. Among others then established were those of the parties here who owned irrigating ditches in that district. The appellant being dissatisfied with the rights decreed to the appellee, took an appeal to the court of appeals, where the judgment below was affirmed, and this appeal is prosecuted to review the latter judgment.
In this court, as in the court of appeals, the appellant has raised this general question only: “ What degree of certainty must exist in testimony concerning the acreage continuously and beneficially irrigated to warrant the court in entering a decree of priority for an irrigating ditch ? ” In their brief one ground of complaint urged by the learned counsel for appellant, which, in one sense, comprises’its entire grievance, is that neither in the district court nor in the court of appeals have the real merits of the controversy been properly considered or rightly determined, and another, though included in the former, but separately argued, is that appellee’s evidence lacks that certainty which a ditch owner must produce to entitle him to a decree.
We thoroughly agree with counsel that no waste of water from natural streams should be countenanced by the courts, and that their decrees for its use should be withheld in the absence of evidence showing, inter alia, with reasonable certainty, the quantity continuously applied to some beneficial
An arbitrary standard by which all cases are to be determined cannot be fixed, and no attempt should be made to accomplish the impossible. On the facts of each case must the appropriate decree rest, governed, of course, by those general rules of weighing evidence and applying legal principles common to all legal controversies. We are in accord with the court of appeals, and for similar reasons, when it confesses its inability to give a definite answer to the question propounded by counsel for appellant; but inability, from whatever cause, to answer questions propounded, or a failure to prescribe formulas or rules to govern all cases, is, of itself, of course, no reason for reversing a particular judgment that was rendered upon evidence warranting it in that case. The opinion, supra, meets with our approval, and a repetition of its argument would serve no useful purpose.
An examination of the record satisfies us that the rights of the parties to this controversy received careful and conscientious consideration by the district court, as well as by
Affirmed. ‘
Reference
- Full Case Name
- The X Y Irrigating Ditch Co. v. The Buffalo Creek Irrigation Co.
- Status
- Published