City of Nampa v. Nampa & Meridian Irrigation District
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Application for writ of mandate. Judgment of dismissal was entered after sustaining a demurrer to the complaint, and the plaintiffs appealed. The water users on the city lots acquired vested water rights, and it is the duty of the defendant corporation to deliver water. (Wilier ding v. Green, 4 Ida. 773, 45 Pac. 134; People ex rel.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Application for writ of mandate. Judgment of dismissal was entered after sustaining a demurrer to the complaint, and the plaintiffs appealed. The water users on the city lots acquired vested water rights, and it is the duty of the defendant corporation to deliver water. (Wilier ding v. Green, 4 Ida. 773, 45 Pac. 134; People ex rel. Standart v. Farmers’ High-Line Canal and Reservoir Co., 25 Colo. 202, 54 Pac. 626.) It is evident that the city of Nampa acted within its rights. “A…
1Opinion of the Court
MacLANE, District Judge.
In 1895 the village, now city, of Nampa granted the Boise City Irrigation & Land Co. an easement and right of way for the construction of lateral ditches to convey water for irrigation purposes upon certain of its streets. The company accepted this grant, constructed its ditches and supplied water to lot owners in the village, and its rights and franchises, whatever they were, were subsequently acquired by the Nampa & Meridian Irrigation District, the defendant in this action. In 1909, the city of *783Nampa established a grade for the streets along which these ditches ran,…
2Cases cited14 opinions
- New Orleans Gas Light Co. v. Drainage Commission of New OrleansSupreme Court of the United States · 1905
- Smith Ex Rel. Cushing v. Corporation of WashingtonSupreme Court of the United States · 1858
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- Anderson v. FullerSupreme Court of Florida · 1906
- Scranton Gas & Water Co. v. Scranton CitySupreme Court of Pennsylvania · 1906
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3Cited by33 opinions
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Columbia Irrigation District v. Benton CountyWashington Supreme Court · 1928
- Lewiston Orchards Irrigation District v. GilmoreIdaho Supreme Court · 1933
- Stephenson v. Pioneer Irrigation DistrictIdaho Supreme Court · 1930
- Pioneer Irrigation District v. WalkerIdaho Supreme Court · 1911
28 more not listed; retrieve them via the Exa API.