Hard v. Boise City Irrigation & Land Co.
Idaho Supreme Court
APPEAL from the District Court of Ada County. Honorable George H. Stewart, Judge. Judgment for defendant — respondent here — from which plaintiff appeals.
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APPEAL from the District Court of Ada County. Honorable George H. Stewart, Judge. Judgment for defendant — respondent here — from which plaintiff appeals. There is but one question involved in this ease, to wit: Has the user of water upon lands susceptible of irrigation from the ditch of a company claiming a water right under section 2587, Civil Code of Idaho, the right to change the place of use of the water to other lands susceptible of irrigation from such ditch, “if others are not injured by such change”? The law in relation to such irrigation canals is found in sections 2595 to 2603, and…
1Opinion of the CourtStockslag-Eb, J.
This action was brought to compel the respondent, the Boise City Irrigation and Land Company, a corporation, to change the point of diversion of and deliver to the appellant one and three-fifths cubic feet of water per second of time for the irrigation of certain lands of appellant, the right to the use of which appellant claims to have purchased from one who had formerly leased or rented it of respondent and had used it upon certain land under respondent’s canal, which was a different tract from that upon which appellant intended to use it.
It is alleged in the amended complaint that the…
2Cases cited1 opinion
- Ramelli v. IrishCalifornia Supreme Court · 1892
3Cited by38 opinions
- In Re Water Rights of Deschutes RiverOregon Supreme Court · 1929
- Johnston v. Little Horse Creek Irrigating Co.Wyoming Supreme Court · 1904
- Nelson Bennett Co. v. Twin Falls Land & Water Co.Idaho Supreme Court · 1908
- Andrews v. North Side Canal Co.Idaho Supreme Court · 1932
- Bennett v. Twin Falls North Side Land & Water Co.Idaho Supreme Court · 1915
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