Nielson

Appellant Nielson, in February, 1937, filed a petition in the District Court of the United States for the District of Idaho, Southern Division, in that certain action wherein the appellee, Utah Construction Company, was plaintiff and in which a decree had been entered on the 15th day of March, 1923, whereby the rights to the waters of Big Lost River of the many persons who were parties to said action had been adjudicated.

The petition alleged that Nielson had succeeded to the ownership of certain described land to which a water right in the said Big Lost River had been adjudged by said decree; that said decree provided “the court hereby expressly reserves jurisdiction to supervise and enforce the administration of this decree hereafter and from time to time as occasion may require.” The petition further alleged that the Utah Construction Company, original plaintiff in the case, by the terms of the same decree had been allotted water rights in the same stream-; that in the administration of the said decree a water commissioner had been appointed; that through the said water commissioner, and in violation of the terms of said decree, the Utah Construction Company, beginning in the…