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<br />001074 <br /> <br />NO.. 11,752. <br /> <br />". <br /> <br />Nl:.'VIUS, E!. AL. !,. SI:ITll. <br />Deoided February 27, 1928. Opinion adhered to June 24, 1929. <br /> <br />1:. <br /> <br />Action for injunotion to restrain interference with irrigation water. <br />Decree for plaintiff. <br /> <br />.A.t'firn.ed. <br /> <br />1. HATER RIGlITS --Adjudioation Decree. A valid '.later adjudication <br />deoree must stand, regardless of the rights affected. <br /> <br />2. Adjudication Decree--parties. Parties to a water adjudioation <br />prooeeding are bound by the proceedings and the resulting decree. <br /> <br />~ <br /> <br />3. Appropriation--Spring and Seepage 17ater. Jw.y one mAY appr opriate <br />seepage and spring water under C.L. Par. 1637. <br /> <br />4. Spring and Seepage rIater--Rights of Appropriator. rIhere a party <br />:makes a valid appropriation of spring and seepage water arising <br />on the land of another and whioh would eventually reaoh, and <br />become a part of, a natural stream, the oymer of the land upon <br />which the water develops oan not deprive him of the acquired <br />right without compensation. <br /> <br />5. Appropriation--Spring and Seepage "\'later. An appropriatcr of spring <br />and seepage water who has a valid deoree therefor has the right <br />to its use superior to that of the owner of the land upon Which <br />the water arises, when such water would ultimAtely reaoh. and <br />beoome a part of, a natural strewn. <br /> <br />ERROR cO TIlE DISTRICT COURT OF BENT COUNTY, <br />Hon. A. F. HOllenbeCk, Judge. <br /> <br />Messrs. HILLYER &: HILLYER. for plaintUfs in error. <br /> <br />Messrs. GORDOn &: GORDON, for defendant in error. <br /> <br />En Bane. <br /> <br />:" <br /> <br />Lm. CHIBF JUSTICE DtNISON delivered the opinion of the oourt. <br /> <br />SI.iITH, plaintiff below, seoured an injunction against plaintiff's in <br />error, defendants belO'll, restraining them from interfering with his use <br />of five second feet of water whioh he olaimed to have appropriated. <br /> <br />-1- <br />