MacOmb v. Extension Ditch Co.

PORTER, Justice.

Respondents own a farm lying adjacent to Crystal Lake in Washington County. Crystal Lake is sometimes known as Buttermilk Slough. It is a natural lake formed by underground waters, seepage, waste waters and flood waters from Snake River. Its outlet, known as Little Buttermilk Slough, is a watercourse two and one-half miles in length which empties into Snake River.

The Lower Payette Ditch Company and appellants divert water from Payette River at a common headgate into what is known as the Lower Payette Ditch Company Canal. The water for the appellants flows through this canal…