Legal Opinion

Malad Valley Irrigating Co. v. Campbell

Idaho Supreme Court

Decided February 20, 1888PublishedCited by 23 opinions

APPEAL from District Court, Oneida Comity. He wbo first appropriates tbe water of a stream, and connects bis labor therewith for a beneficial use, is entitled to the same against the world. (Atchison v. Peterson, 20 Wall. 507, 514 et seq.; Basey v. Gallagher, 20 Wall. 671, 682; Tartar v. Mining Co., 5 Cal. 397; TJ.

Read the full summary

APPEAL from District Court, Oneida Comity. He wbo first appropriates tbe water of a stream, and connects bis labor therewith for a beneficial use, is entitled to the same against the world. (Atchison v. Peterson, 20 Wall. 507, 514 et seq.; Basey v. Gallagher, 20 Wall. 671, 682; Tartar v. Mining Co., 5 Cal. 397; TJ. S. Rev. Stats., see. 3339.) One who increases the flow of water in a stream by digging out springs, or turning in another stream may appropriate such increase to bis own use. (Keeney v. Carillo, 2 N. Mex. 490;. Butte Canal etc. Co. v. Ydughn, 11 Cal. 143, 70 Am. Dee. 769 ;. Burnett…

1Opinion of the CourtBroderick, J.

This action was brought by the Malad Valley Irrigating Company against Nephi Campbell, in the district court in and for Oneida county,, to determine the right to the possession and use of the waters of a certain stream in said county, known as “Campbell creek,” and to restrain the defendant from diverting or interfering with the use and enjoyment of the same. The complaint alleges that the plaintiff is a corporation, and is the owner of and entitled to the control and use of all the waters of a certain stream known as “Devil creek,” situated in said county, together with all its tributaries;…

2Cases cited6 opinions

  1. Basey v. GallagherSupreme Court of the United States · 1875
  2. Atchison v. PetersonSupreme Court of the United States · 1874
  3. Butte Canal & Ditch Co. v. VaughnCalifornia Supreme Court · 1858
  4. Strait v. BrownNevada Supreme Court · 1881
  5. Burnett v. WhitesidesCalifornia Supreme Court · 1860

1 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Joyce Livestock Co. v. United StatesIdaho Supreme Court · 2007
  2. Village of Peck v. DenisonIdaho Supreme Court · 1969
  3. Low v. SchafferOregon Supreme Court · 1893
  4. Schodde v. Twin Falls Land & Water Co.Supreme Court of the United States · 1912
  5. Miller v. WheelerWashington Supreme Court · 1909

18 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API