Graham v. Leek

As appears from the pleadings, this suit involves a conflict between respondent and appellant over the right to the use of the public waters of Three Mile Creek in Camas County, Idaho, a tributary of Upper Malad River. This creek is also known as Four Mfle Creek. However, as appears by the evidence the waters actually involved in the conflict are from the flow of the East Fork or Branch of said Three Mile Creek.

The amount of the flow of the creek is not disclosed by the pleadings or the evidence, but it does appear it is what is known as a “flash” creek, with its run-off from the melting…