Weiland v. Pioneer Irrigation Co.. 259 U.S. 498 (1922)

Weiland v. Pioneer Irrigation Co.. 259 U.S. 498 (1922)

No. 3

Argued January 17, 1919
Restored to docket for reargument June 6, 1921
Reargued January 10, 11, 1922
Decided June 5, 1922
259 U.S. 498

APPEAL FROM THE CIRCUIT COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

1. Where a substantial claim of federal, constitutional right is set up in the bill, in addition to diverse citizenship, and is made the basis of decision in the district court and the circuit court of appeals, the decree of the latter court is appealable here under Jud.Code, § 128. P. 501.

2. Water of a stream flowing from Colorado into Nebraska was diverted in Colorado by a Nebraska corporation and transported through its canal to Nebraska, where it was sold and used on Nebraska lands. Held that the appropriation was superior in right to later appropriations from the stream made in Colorado for use on Colorado lands, and that state officials of Colorado were properly enjoined from interfering with it and from treating the appropriator, in the distribution of water, otherwise than if the canal and lands irrigated therefrom were wholly within that state, notwithstanding their objection that the waters of natural streams in Colorado are, by her constitution and laws, the property of the public dedicated to the use of her people, and cannot be taken for use elsewhere as against persons desiring to use them in Colorado. P. 502. Wyoming v. Colorado, ante,419.

238 F. 519 affirmed.

Appeal from a decree of the circuit court of appeals affirming a decree of the district court enjoining the appellants, officials of the Colorado, from interfering with the appellee’s right to take water, in Colorado, from a stream flowing thence into Nebraska, for use on lands in Nebraska, and requiring them to recognize the appropriation in the distribution of water, according to its priority.