Morris v. Bean

Citations

• 146 F. 423
• 1906 U.S. App. LEXIS 4115

Syllabus

<p>1. Courts — United States Courts — Jurisdiction—Amount in Controversy.</p> <p>In a suit concerning water rights the thing in controversy is the right to the use of the water, and where that exceeds in value 82,000, exclusive of interest and costs, a Circuit Court of the United States has jurisdiction.</p> <p>2. Water and Water Courses — Actions to Protect Rights — Right of Action — Interstate Streams — I uiusdiction.</p> <p>A citizen of one state may maintain a suit in a Circuit Court of the United States in another state to enjoin the unlawful diversion of water in the state where the suit is brought, which prevents its flowing- to his lands in the state of his, residence.</p> <p>3. Same — Appropriation of Water Eights.</p> <p>The complainant, a citizen and resident of Wyoming, instituted a suit in the Circuit Court of the United States -for the District of Montana to enjoin the defendants, residents and citizens of that state, from diverting water from a stream rising in Montana and flowing into Wyoming. Held, that'defendants could not justify their diversion of water in Montana in hostility to the rights of the complainant in Wyoming upon the ground that the laws of Montana authorize its citizens to appropriate water within the state. Held further, that the fact that the stream has its source in Montana, and from thence flows into Wyoming, does not affect the right to appropriate, hut that the general doctrine of priority governs regardless of state lines.</p> <p>4. Same — Definition-.</p> <p>An appropriation consists of the diversion of water and its application to some beneficial use. In the absence of any statute, if the work is prosecuted with reasonable diligence, the right of the appropriate»: relates to the beginning of the work.</p> <p>5. Same — Kecording—Notice.</p> <p>Where one approiiriates under a statute, the recording of the claim- is constructive notice, but such statutes do not preclude the taking of water for beneficial uses by methods other t