Capital Water Co. v. Public Utilities Commission

WM. E'. LEE, C. J.,

Dissenting. — I am not in harmony with the action of the majority in setting aside the order of the commission because of its refusal to include in the valuation of the property of the utility, used and useful in the public service, the value of a so-called water right which the utility claims to own. I take the position that the right to the use of the water is in Boise City and its inhabitants, and that the utility is the mere agency through which the water is diverted and distributed. The utility occupies the position of a carrier and distributor of the state’s water,…