South Side Irrigation Co. v. Brooks

The defendant, “for the consideration of a perpetual water right” to certain land, gave to the plaintiff the right to construct its irrigation canal over the land. Defendant has never exercised his right to the use of water provided for, and has refused to pay a maintenance fee of one dollar an acre, alleged to be the usual charge therefor. Plaintiff’s action to recover the amount of the maintenance fee was dismissed by the trial court. Plaintiff appeals.

No water-right deed, providing for a maintenance fee, was made. It appears that before the contract was signed maintenance fee charges were…