Horace Harmon Lurton

“ He has reclaimed this land and brought it into a high state of cultivation, through irrigation, by means of water drawn from the river into the Montezuma canal, and thence, by ditches, spread upon his cultivated land. In the dry seasons, particularly, this water so used for irrigating purposes deposits upon his land the tailings and waste material so suffered to get into the tributaries of the Gila river from the reduction works of the appellant above. ”

“ There is no question about the quantity of water appropriated by the upper user, the objection being that the quality of the water which comes down to the lower proprietor after it is used by the copper company is no longer fit for irrigating purposes. ”

“ Here the appellee alleged a special grievance to himself affecting the enjoyment and value of his property rights as a riparian owner, and as an individual user of the water for purposes of irrigation. This gives him a clear right to apply for preventive relief. ”

“ The court below found that but one of three concentrators operated by the appellant would be affected by an injunction, and that the extent of the hardship from closing that concentrator had not been shown. On the other hand, the court found that the agricultural interests of a large and prosperous community would suffer great injury and possible ruin, if the pollution should go on. ”