Union Grain & Elevator Co. v. McCammon Ditch Co.

This is an action to quiet the title of plaintiff in and to 148 second-feet of the waters of the Portneaf River in Bannock county for manufacturing purposes. It was begun in 1914 by a predecessor of plaintiff. A large number of individual water users and ditch companies were made parties. Plaintiff alleged that in 1892 one Harkness constructed a flour-mill at McCammon, diverted 148 second-feet of water from Portneuf River to the mill and that ever since that time, except when such water was wrongfully withheld, Harkness and his successors have continuously and necessarily used 148 second-feet…