Nampa & Meridian Irrigation District v. Briggs
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action to recover from defendant his pro rata share for the management, maintenance and repairs of appellant's canal system. Judgment for defendant. Deeds of this character, to a part only of the water carried by the canal, clearly bring the grantee and the owners of the remainder of the water carried by the canal into the relation of tenants in common in water rights.
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APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action to recover from defendant his pro rata share for the management, maintenance and repairs of appellant's canal system. Judgment for defendant. Deeds of this character, to a part only of the water carried by the canal, clearly bring the grantee and the owners of the remainder of the water carried by the canal into the relation of tenants in common in water rights. (Frost v. Alturas Water Co., 11 Ida. 294, 81 Pae. 996.) Respondent relies upon Jackson v. Indian Creek Reservoir etc. Co.,…
1Opinion of the CourtMorgan, J.
— This case was before the court at the April term, 1913, and a decision was filed herein on July 16, 1913. Upon a petition therefor, a rehearing was granted and the case has been reargued and again submitted for decision.
*89This action was commenced by Nampa & Meridian Irrigation District to collect from the respondent, Briggs, his pro rata share of the expenses necessarily incurred for the repair and maintenance of the ditches and canals of the irrigation system owned and controlled by said district. It appears that said district has delivered water to the respondent during the years 1906,…
2Cases cited10 opinions
- Knowles v. New Sweden Irrigation DistrictIdaho Supreme Court · 1908
- Nielson v. ParkerIdaho Supreme Court · 1911
- Hall v. BlackmanIdaho Supreme Court · 1902
- Ada County Farmers' Irrigation Co. v. Farmers' Canal Co.Idaho Supreme Court · 1898
- Potlatch Lumber Co. v. PetersonIdaho Supreme Court · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Paurley v. HarrisIdaho Supreme Court · 1954
- Stephenson v. Pioneer Irrigation DistrictIdaho Supreme Court · 1930
- Yaden v. Gem Irrigation DistrictIdaho Supreme Court · 1923
- Jensen v. Boise-Kuna Irr. Dist.Idaho Supreme Court · 1954
- Danley v. Merced Irrigation DistrictCalifornia Court of Appeal · 1924
10 more not listed; retrieve them via the Exa API.