Jensen v. Boise-Kuna Irr. Dist.

269 P.2d 755 (1954)

JENSEN et ux.

v.

BOISE-KUNA IRR. DIST.

No. 7967.

Supreme Court of Idaho.

April 5, 1954.

Maurice H. Greene, Boise, George W. Grebe, Kuna, for appellant.

Edwin Snow and Walter M. Oros, Boise, for respondents.

TAYLOR, Justice.

For several years prior to 1946, water had been accumulating upon and under certain lands within the defendant district (appellant) in and adjacent to what is known as Thomason Lake. This accumulation consisted of seepage and waste water resulting from the irrigation of other lands in the district, and had reached such an extent that valuable farm lands were…