Berg v. Twin Falls Canal Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Condemnation proceeding. From an order refusing to appoint appraisers, plaintiffs appeal. No person can appropriate the water of one stream and divert it into another and then, refusing to use it himself, bar others from using it. (Sec. 5560, C. S.; Hagerman Irr.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Condemnation proceeding. From an order refusing to appoint appraisers, plaintiffs appeal. No person can appropriate the water of one stream and divert it into another and then, refusing to use it himself, bar others from using it. (Sec. 5560, C. S.; Hagerman Irr. Go. v. East Grand Flam Drainage Dist., 25 N. M.. 649, 187 Pae. 555.) This water was again subject to appropriation. (Eddy v. Simpson, 3 Cal. 249; Kelly v. The Natrona Water Go., 6 Cal. 105; La Java Creamery & Live Stock…
1Opinion of the CourtMccarthy, J.
This is an eminent domain proceeding. The following are the material allegations of the complaint: *64Respondent is a Carey Act Service Company controlling and operating an extensive system of irrigation canals on the Twin Falls tract. A large amount of water is diverted from the Snake River by a dam at Milner, Idaho, and conducted for several miles, through one large main canal to a point where it is divided into two canals called the High Line and Low Line. About two miles beyond this point of'division, both canals cross Rock Creek, a natural stream, a tributory of Snake River. The waste…
2Cases cited2 opinions
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- Reno v. RichardsIdaho Supreme Court · 1918
3Cited by5 opinions
- Kepler v. State BarCalifornia Supreme Court · 1932
- Canyon View Irrigation Co. v. Twin Falls Canal Co.Idaho Supreme Court · 1980
- Daniels v. AdairIdaho Supreme Court · 1923
- Codd v. McGoldrick Lumber Co.Idaho Supreme Court · 1929
- Canyon View Irrigation Co. v. Twin Falls Canal Co.Idaho Supreme Court · 1980