[DOWNLOAD] "Peck v. Simon Et Al." by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Peck v. Simon Et Al.
- Author : Supreme Court of Montana
- Release Date : January 27, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Water Rights ? Effect of Filing Notice of Appropriation at Time When Filing not Required ? Change of Use of Water ? When Immaterial ? What Measures Extent of Appropriation ? Evidence ? Witnesses. Water Rights ? Notice of Appropriation at Time When Filing not Authorized by Statute ? Insufficiency to Establish or Disprove Appropriation. 1. A notice of appropriation of water filed at a time when such filing was not authorized by statute (1878) which did not set forth on what lands or for what purpose the water was to be used, though perhaps admissible as evidence of the intention of the party filing it, was insufficient to establish an appropriation or to disprove or rebut an appropriation otherwise prima facie established. - Page 13 Same ? Witnesses ? Testimony as to Facts Relating to Water Rights Held not Open to Charge That Unworthy of Belief. 2. Testimony of witnesses of respondents in a water right suit attacked by appellant as unworthy of belief because of their certainty as to facts relating to the right of the former and their failure to recall facts on their cross-examination as to the right of the latter, held not open to the contention urged. Same ? Evidence Held to Preponderate Against Finding of District Court as to Date of Appropriation of Right. 3. Evidence in a water right suit held to preponderate against the finding of the trial court that the appealing defendants were entitled to an appropriation as of June 1, 1882, and that the date should have been May 1, 1877. Same ? Change of Use of Water from Mining to Agriculture ? Immateriality. 4. Where the points of diversion and places of use of water owned by subsequent appropriators were above the lands of the owner of the oldest right on a stream, they could not have been injured by the fact that such right was originally acquired for use in placer mining but years after used for agricultural purposes; neither change of place of diversion nor change of use could affect their appropriations. Same ? What Measures Extent of Ones Appropriation. 5. The needs of an appropriator of water and his facilities for diverting it, if equal, measure the extent of his appropriation; if his needs exceed the capacity of his means of diversion, then the capacity of his ditch measures the extent of his right.