Wilterding v. Green
Idaho Supreme Court
APPEAL from District Court, Ada County. This is an action commenced by plaintiff, praying for the issuance of a writ of mandate directed to defendant commanding him to allow the plaintiff sufficient water from canals under defendant’s control to irrigate during the year 1896 certain lands belonging to plaintiff lying under such canals.
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APPEAL from District Court, Ada County. This is an action commenced by plaintiff, praying for the issuance of a writ of mandate directed to defendant commanding him to allow the plaintiff sufficient water from canals under defendant’s control to irrigate during the year 1896 certain lands belonging to plaintiff lying under such canals. Defendant and his predecessors have, since the spring of 1891, rented a large portion of the waters at one dollar and fifty cents an acre per annum, and has announced his intention to rent the waters of said canal at such rate for the year 1896. That prior to…
1Opinion of the CourtMorgan, C. J.
(After Stating the Facts.) — All waters appropriated for sale, rental, or distribution are declared to be a public use; that is, are for the use of the public, and are subject to the control of the state, in the manner prescribed by law. (Const., art. 15, sec. 1.) Whenever any waters have been or «hall be appropriated or used for agricultural purposes, under a sale, rental, or distribution thereof, such sale, rental, or distribution shall be deemed an exclusive dedication to such use. (Const., art. 15, sec. 4.) It follows that all waters appropriated before or after the adoption of the…
2Cases cited1 opinion
- Wheeler v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1887
3Cited by19 opinions
- State ex rel. Young v. Duval CountySupreme Court of Florida · 1918
- Schodde v. Twin Falls Land & Water Co.Supreme Court of the United States · 1912
- Speer v. StephensonIdaho Supreme Court · 1909
- Farmers' Co-operative Ditch Co. v. Riverside Irrigation District, Ltd.Idaho Supreme Court · 1908
- Niday v. BarkerIdaho Supreme Court · 1909
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