Nielson v. Parker
Idaho Supreme Court
APPEAL from tbe District Court of the Fifth Judicial District, in and for the County of Oneida. Hon. Alfred Budge, Judge. Action to establish the respective rights and priorities of claimants to the use of the waters of Wood Canyon in Oneida county. Judgment for the plaintiff and defendants appealed.
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APPEAL from tbe District Court of the Fifth Judicial District, in and for the County of Oneida. Hon. Alfred Budge, Judge. Action to establish the respective rights and priorities of claimants to the use of the waters of Wood Canyon in Oneida county. Judgment for the plaintiff and defendants appealed. It was undoubtedly the intention of the legislature that the method prescribed by the 1903 law was the exclusive method thereafter to be followed in the appropriation of the public waters of this state. (Idaho Power etc. Go. v. Stephenson, 16 Ida. 418, 101 Pae. 821; Speer v. Stephenson, 16 Ida.…
1Opinion of the CourtAilshie, Presiding J.
In 1901 the respondent herein filed a notice of appropriation of the waters of Wood Canyon in Oneida county. Commencing with the year 1901 and during subsequent years up to and including 1907 it appears that the respondent did certain work in cleaning out the natural channel of the stream for the purpose of carrying water down the stream to his land. This stream was fed by springs *729several miles up the canyon above his lands, and it appears that quite early in the irrigation season the water became so low that it did not flow as far down the canyon as to the lands of respondent. In 1907…
2Cases cited10 opinions
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- De Necochea v. CurtisCalifornia Supreme Court · 1889
- Hall v. BlackmanIdaho Supreme Court · 1902
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- Ada County Farmers' Irrigation Co. v. Farmers' Canal Co.Idaho Supreme Court · 1898
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