Walbridge v. Robinson
Idaho Supreme Court
APPEAL from tbe District Court of tbe Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action for writ of mandate to compel tbe state engineer to give notice and issue a certificate of completion of diversion works. Writ granted. Appeal by defendant. Numerous eases bave been tried involving questions of jurisdiction relative to tbe distribution of tbe waters of interstate streams for irrigation purposes.
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APPEAL from tbe District Court of tbe Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action for writ of mandate to compel tbe state engineer to give notice and issue a certificate of completion of diversion works. Writ granted. Appeal by defendant. Numerous eases bave been tried involving questions of jurisdiction relative to tbe distribution of tbe waters of interstate streams for irrigation purposes. These cases, however, only determined tbe rights of individuals, and in no case has tbe interest of the state in its waters been decided; in fact, tbe supreme court of tbe…
1Opinion of the Court
■AILSHIE, J.
This is an appeal from an order granting a writ of mandate. On the 9th of November, 1909, respondents made application to the state engineer for a permit to appropriate water from Bear creek, which is a branch of the Clearwater river, situated in Idaho county. This application was made for the diversion of waters to be carried beyond the watershed of Bear creek and applied to the purposes of irrigation in the state of Montana. The permit was subsequently issued and was numbered 5494. Prior to the issuance of this permit, a similar permit had been granted to one George F. Weisel…
2Cases cited9 opinions
- Hilton v. GuyotSupreme Court of the United States · 1895
- Hudson County Water Co. v. McCarterSupreme Court of the United States · 1908
- Geer v. ConnecticutSupreme Court of the United States · 1896
- Katz v. WalkinshawCalifornia Supreme Court · 1903
- Westmoreland N. Gas Co. v. DeWittSupreme Court of Pennsylvania · 1889
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3Cited by35 opinions
- Motl v. BoydTexas Supreme Court · 1926
- State v. KorrerSupreme Court of Minnesota · 1914
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- State v. ScottSupreme Court of North Carolina · 1921
- Ore-Ida Potato Products, Inc. v. United Pacific InsuranceIdaho Supreme Court · 1964
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