Ada County Farmers' Irrigation Co. v. Farmers' Canal Co.
Idaho Supreme Court
APPEAL from District Court, Ada County. An action to establish a right to the possession of a right of way over which to divert water cannot be maintained exclusive of the fight to divert water, especially as against one who has such right to divert. {Smith v. Hawkins, 110 Cal. 122, 42 Pac. 453.) There is only one way, so far as this controversy is concerned, to acquire the right to the possession of a right of way. over the public domain and that is as follows: “Whenever,…
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APPEAL from District Court, Ada County. An action to establish a right to the possession of a right of way over which to divert water cannot be maintained exclusive of the fight to divert water, especially as against one who has such right to divert. {Smith v. Hawkins, 110 Cal. 122, 42 Pac. 453.) There is only one way, so far as this controversy is concerned, to acquire the right to the possession of a right of way. over the public domain and that is as follows: “Whenever, by priority of possession, rights to the use of water for . . . agricultural .... purposes, have vested and accrued; ....…
1Opinion of the Court
'SULLIVAN, C. J.
This is an action to recover possession of a certain right of way for an irrigating ditch in Ada county, on which is situated an uncompleted canal. It is alleged in the ■complaint that on the eighteenth day of January, 1896, one Eagleson located a water right, the water appropriated thereby to be used in the irrigation of certain lands therein described, and that a notice thereof was duly posted on the south bank of Boise river, about one mile above what is known as the “New Tork dam site,” and nearly opposite the mouth of Sheep gulch, in Ada county (that being the place of…
2Cases cited2 opinions
- Welch v. GarrettIdaho Supreme Court · 1897
- Clifford v. LarrieuArizona Supreme Court · 1886
3Cited by34 opinions
- Knowles v. New Sweden Irrigation DistrictIdaho Supreme Court · 1908
- Nielson v. ParkerIdaho Supreme Court · 1911
- Speer v. StephensonIdaho Supreme Court · 1909
- Taylor v. HulettIdaho Supreme Court · 1908
- Nelson Bennett Co. v. Twin Falls Land & Water Co.Idaho Supreme Court · 1908
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