South Dakota Supreme Court December 18, 1924, File No. 5194 (Benson v. Cook)

POLLEY, J.

This action grew out of a controversy over the right to use for irrigation purposes the water that flows down Ash coulee. Plaintiffs and defendant are upper and lower landowners along said coulee; plaintiffs’ land being some two or three miles lower down the coulee than the land of defendant. Both parties are engaged, to some extent, in farming and stock raising.