Rabido v. Furey
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Blaine County. Hon. F. J. Cowen, Judge. Suit to determine priority to the right to use the water of Jagles Springs. Judgment for plaintiffs. The appellant being the first to appropriate the waters to a beneficial use is entitled to the priority of use of said waters.
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APPEAL from the District Court of the Fourth Judicial District, for Blaine County. Hon. F. J. Cowen, Judge. Suit to determine priority to the right to use the water of Jagles Springs. Judgment for plaintiffs. The appellant being the first to appropriate the waters to a beneficial use is entitled to the priority of use of said waters. (.Hillman v. Hardwick, 3 Ida. 255, 28 Pac. 138'; Geertson v. Burrock, 3 Ida. 344, 29 Pac. 42; Bunniway v. Lawson, 6 Ida. 28, 51 Pac. 1032; Nielson u. Parker, 19 Ida. 727, 730, 115 Pae. 488; Lee v. Hanford, 21 Ida. 327, 330, 121 Pae. 558; Bower v. Moorman, 27 Ida.…
1Opinion of the Court
MoCARTHY, District Judge.
This is an action brought by respondents in the district court in and for Blaine county to determine the relative rights of the parties in and to the waters of Jagles or Goggles Springs, in Blaine county. The district court entered judgment, awarding to respondents the right to the use of .8 second-feet of the waters of the springs for the irrigation of land owned by respondent Mary Rábido, described in the amended complaint, with date of priority of April 1, 1904, and to appellant the right to the use of 1.4 second-feet thereof for the irrigation of land described in…
2Cases cited4 opinions
- Sowards v. MeagherUtah Supreme Court · 1910
- Marshall v. Niagara Springs Orchard Co.Idaho Supreme Court · 1912
- McPhail v. ForneyWyoming Supreme Court · 1894
- MacRae v. SmallOregon Supreme Court · 1906
3Cited by20 opinions
- Joyce Livestock Co. v. United StatesIdaho Supreme Court · 2007
- City of Pocatello v. IdahoIdaho Supreme Court · 2012
- Pioneer Irrigation District v. American Ditch Ass'nIdaho Supreme Court · 1931
- Basinger v. TaylorIdaho Supreme Court · 1922
- Washington County Irrigation District v. TalboyIdaho Supreme Court · 1935
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