Loyning

The appellants were adjudged in contempt of the United States District Court of Montana for an alleged violation of a decree of that court.

The parties to this action are engaged in the ranching business in the state of Montana. There exists a stream known as Sage Creek which has its source in the state of Montana and flows into-the state of Wyoming. An independent stream known as Piney Creek flows for its entire length in the state of Montana. A dispute exists as to whether or not it is a tributary of Sage Creek.

Prior to 1906 the predecessors in interest of appellee were ranching in Wyoming and using waters of Sage Creek for irrigation purposes. In May 1906, the Circuit Court of the United States, Ninth Judicial Circuit, District of Montana, entered a decree determining the rights of the predecessors in interest of appellee in and to the waters of Sage Creek. Morris v. Bean, C.C., 146 F. 423 .

In 1919 predecessors in interest of appellee moved the point of diversion from Sage Creek in Wyoming upstream fifteeii miles *566 to a point in Montana, where water was taken from Piney Creek. In 1919, subsequent to the change of the point of diversion, predecessors in interest of…