Branson v. Miracle

WALTERS, Chief Judge.

This case involves an alleged prescriptive easement to maintain a water pipeline and its appurtenances. It is a sequel to a decision reported at 107 Idaho 221, 687 P.2d 1348 (1984), hereinafter referred to as “Branson I.” In Branson I our Supreme Court affirmed Gorman Miracle’s right to water flowing from a tunnel on James and Martha Bransons’ mining claim. The Court remanded to the district court for a determination of Miracle’s right to enter the Bransons’ property to maintain the associated waterworks. On remand, the district court concluded that Miracle had…