Legal Opinion

Burt v. Farmers' Co-Operative Irrigation Co.

Idaho Supreme Court

Decided September 29, 1917PublishedCited by 32 opinions

APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Chas. P. McCarthy, Presiding Judge. Proceedings upon the reports of commissioners of a drainage district. Judgment in favor of remonstrants. “The word ‘lands’ includes the beds of non-navigable lakes and streams, and lands are none the less land for being covered with water.” (1 Wash.

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APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Chas. P. McCarthy, Presiding Judge. Proceedings upon the reports of commissioners of a drainage district. Judgment in favor of remonstrants. “The word ‘lands’ includes the beds of non-navigable lakes and streams, and lands are none the less land for being covered with water.” (1 Wash. Real Prop. 3; Higgins Oü & Fuel Go. v. Snow (U. S.), 113 Fed. 433, 438, 51 C. C. A. 267; Montgomery County v. Gochram, 121 Fed. 17, 21, 57 C. C. A. 261; Orchard v. Wright-Bell-Daltou-Anchor Store Go., 225 Mo. 414, 20 Ann.…

1Opinion of the CourtRice, J.

Drainage District No. 1, Canyon county, was organized by order of the district judge in March, 1915. The commissioners for said district were duly appointed, and in due time their report was filed with the court, in which report it was found that the respondent, Farmers’ Co-operative Irrigation Company, was benefited by being relieved from responsibility for damage done to lower lands from seepage and saturation by irrigation water from its canals and the necessity of carrying off waste water to the extent of $100,000. An assessment was levied against the company in the amount of $20,000. The…

2Cases cited36 opinions

  1. Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
  2. Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
  3. Myles Salt Co. v. Board of Comm'rs of Iberia and St. Mary Drainage Dist.Supreme Court of the United States · 1916
  4. New Mexico v. United States Trust Co.Supreme Court of the United States · 1898
  5. Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885

31 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Smith v. Big Lost River Irrigation DistrictIdaho Supreme Court · 1961
  2. Melvin Griffeth and Lois D. Griffeth v. Utah Power & Light Company, a CorporationCourt of Appeals for the Ninth Circuit · 1955
  3. Coulsen v. Aberdeen-Springfield Canal Co.Idaho Supreme Court · 1929
  4. Horne v. Utah Oil Refining Co.Utah Supreme Court · 1921
  5. Burgess v. Salmon River Canal Co.Idaho Supreme Court · 1991

27 more not listed; retrieve them via the Exa API.

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