Noh v. Stoner

Respondents sued for and were granted an injunction, restraining appellants, adjoining land owners, from further depleting an artesian basin tapped by respondents’ two wells, drilled and operated prior to appellants’ well. Both parties rely upon the proposition that subterranean waters of the nature herein are subject to appropriation and diversion as surface waters and are governed by the same rule of priority. (LeQuime v. Chambers, 15 Ida. 405, 98 Pac. 415, 21 L. R. A., N. S., 76; Bower v. Moorman, 27 Ida. 162, 247 Pac. 496, Ann. Cas. 1917C, 99; Hinton v. Little, 50 Ida. 371, 296 Pac. 582;…