Bean v. Morris
United States Supreme Court
221 U.S. 485 (1911)
- Written by Curtis Parvin, JD
Facts
W.A. Morris (plaintiff), a Wyoming resident and citizen, brought an action to prevent J.N. Bean and others (collectively, Bean) (defendants), residents and citizens of Montana, from diverting water from Sage Creek in Montana. The diversion allegedly impacted Morris’s ability to divert water further downstream at Morris’s property in Wyoming. T.N. Howell (prior defendant), also of Wyoming, intervened in the suit, alleging a similar claim. The United States Circuit Court for the District of Montana determined the respective water rights of the parties as having been established first by Morris (1887), then by Howell (1890), and then by Bean (1893). The circuit court affirmed the citizens’ priority in water rights based on when the rights were first established. Bean appealed the circuit court ruling. The United States Court of Appeals for the Ninth Circuit affirmed the prior court’s decision. Bean sought certiorari from the United States Supreme Court, which granted certiorari but limited its consideration to the question of the application of private water rights across state borders.
Rule of Law
Issue
Holding and Reasoning (Holmes, J.)
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