Prescriptive Easement Granted For Irrigation Lateral.

The parties owned farmland next to each other and were also stockholders in an irrigation company that provided water to the stockholders via an irrigation canal.  Water was provided via headgates located at various points along the canal.  When multiple landowners receive water via a headgate, they must determine on their own how to receive the water.  At issue was a headgate located on the edge of the defendant's property with a lateral across the defendant's property to the plaintiff's property.  The defendant claimed that the plaintiffs had not been property maintaining the lateral which cased it to overflow onto the defendant's property.  Ultimately, the defendants shut down the headgate and the plaintiffs did not receive any additional water for their crops for the balance of the year.  The plaintiff sued seeking the imposition of a prescriptive easement over the defendant's property and an order barring the defendant's from interfering with the easement.  The plaintiffs also sought damages.  The trial court determined that the plaintiffs had established the elements necessary for a prescriptive easement.  On appeal, the court affirmed.  The court noted that the plaintiff's use of the lateral had been continuous and uninterrupted, was not via permission, and had been utilized since at least 1959.  The court also ordered that culverts installed by the defendants that restricted the flow of water to the plaintiff be removed.  Fyfe v. Tabor Turnpost, L.L.C., 22 Neb. App. 711 (2015).