Milner Low Lift Irrigation District v. Eagen

GIVENS, O. J.

Defendant-respondent occupies land Avithin the geographical limits of appellant irrigation district which land he is purchasing under contract from the state of Idaho. Title being in the state, appellant concedes and asserts that no assessment as such may be levied upon the land by the appellant district for water furnished to it. (C. S., sec. 4402.)

The district sued to recover in a personal action for waste water used by the respondent in the year 1928 and appeals from an adverse judgment of dismissal on demurrer.

The gist of appellant’s contention is found in paragraph V of the…