TAYLOR, Justice.
On June 25, 1959, the defendant (appellant) constructed a dam in the channel of Granite creek, upon land owned by him, to wit: the South half of Section 36, Township 16 South, Range 23 E.B.M., in Cassia county. This dam was located upstream from the diversion works and ditch of plaintiff (respondent) Bullers. Defendant's avowed purpose in constructing the dam was to impound water for the use of livestock grazing upon his land, late in the season when...
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