Show CASE IS REMANDED REMA DED Supreme Court Hands Down Opinion in Water Suit The supreme court by hy opinions handed down by each ach of its three jus tices Ices in the case of the Herriman Irrl liri Irrigation gation atlon company compan appellant versus the Butterfield Mining company its lt re ic receIver coWer elver George W Keel et etal al re respondents respondents yesterday remanded the case and directed the lower court to t modify its decree The suit AY was vas as one brought by the Herriman Irrigation company to re restraIn restrain straIn train the defendants from diverting water ater water from the Butterfield creek which h the plaintiff claimed by a no prior right and nd the lower court awarded defend defendant ant rit 83 per cent of the th water allowing 17 7 per cent for tor seepage and waste This judgment the supreme court Ourt di directs directs recta to be modified that the defend defendant defendant ant nt receive 50 per cent of o the water waterless waterless less ess 8 S per cent for seepage and waste vaste was ChIef Justice Miner r and Justice Barton Bartch in n separate opinions concur in the modification but Justice Baskin in n a lengthy opinion affirms the th verdict of ofle the le lower court courtS on the ground that there lere were no reversible errors com corn committed committed at the trial |