Conant v. Jones
Idaho Supreme Court
APPEAL from District Court, Cassia County. The law does not warrant the court in measuring appropriation of water by capacity of ditch made to conduct it, as seems to have been done here. (Farmers’ etc. Reservoir Co. v. South-worth, 13 Colo. Ill, 21 Pac. 1028; Ft. Morgan Land etc. Go. v. South Platte Ditch Go., 18 Colo. 1, 36 Am. St. Eep. 259, 30 Pac. 1032.) The true measure is application to a beneficial use.
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APPEAL from District Court, Cassia County. The law does not warrant the court in measuring appropriation of water by capacity of ditch made to conduct it, as seems to have been done here. (Farmers’ etc. Reservoir Co. v. South-worth, 13 Colo. Ill, 21 Pac. 1028; Ft. Morgan Land etc. Go. v. South Platte Ditch Go., 18 Colo. 1, 36 Am. St. Eep. 259, 30 Pac. 1032.) The true measure is application to a beneficial use. (Hindman v. Rizor, 21 Or. 112, 27 Pac. 13; Wheeler v. Northern Colo. Irr. Go., 10 Colo. 587, 3 Am. St. Eep. 603, 17 Pac. 487.) We know the reluctance of an appellate court to weigh…
1Opinion of the Court
By the COURT.
This is an appeal from an order overruling a motion for a new trial and from the judgment. The matter in controversy is the right to the use of the water of Black Pine creek, Oneida county. The appellants allege appropriation of all of the water of said creek in 1880, by their grantors and predecessors in interest. Respondent denied the allegations of appropriation, and by way of counterclaim or cross-complaint claims all of the water of said creek by appropriation made in May, 1884. The court without a jury tried the cause, and rendered judgment in favor of the respondent who…
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- Hall v. BlackmanIdaho Supreme Court · 1902
- Schodde v. Twin Falls Land & Water Co.Supreme Court of the United States · 1912
- Gates v. Settlers' Milling, Canal & Reservoir Co.Supreme Court of Oklahoma · 1907
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