Reno v. Richards
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District, for Fremont Comity. Hon. J. G. Gwinn, Judge. Suit for adjudication of water rights. A prior appropriator of the waters of a stream has no right to salvage or to new waters saved or added to a stream by the artificial works of another. (Wiel on Water Bights in Western States, 3'd ed., secs. 38a, 61, 279; Beaverhead etc. Co. v. Dillon etc.
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APPEAL from the District Court of the Ninth Judicial District, for Fremont Comity. Hon. J. G. Gwinn, Judge. Suit for adjudication of water rights. A prior appropriator of the waters of a stream has no right to salvage or to new waters saved or added to a stream by the artificial works of another. (Wiel on Water Bights in Western States, 3'd ed., secs. 38a, 61, 279; Beaverhead etc. Co. v. Dillon etc. Co., 34 Mont. 135, 85 Pac. 880, 882; Churchill v. Rose, 136 Cal. 576, 69 Pac. 416; Vineland Irr. Co. v. Azma Irr. Co., 126 Cal.-486, 58 Pac. 1057, 46 L. B. A. 820; Ironstone Ditch Co. v.…
1Opinion of the CourtRice, J.
This action was brought to obtain an adjudication of the rights to the use of the waters of Birch Creek. Birch Creek is a stream which has its source in Lemhi county, near the southern boundary thereof, in what is known as Birch Creek Springs. It flows in a southeasterly direction for a distance of about thirty miles, its waters gradually sinking into the ground along the lower part of its eonrse until they are all absorbed at a point commonly known as Birch Creek Sink, and they do not appear again at any known place.
There were forty-four parties plaintiffs and defendants named in the suit.…
Also in this document: Concurrence.
2Cases cited17 opinions
- Nielson v. ParkerIdaho Supreme Court · 1911
- Butte Canal & Ditch Co. v. VaughnCalifornia Supreme Court · 1858
- Morris v. BeanU.S. Circuit Court for the District of Montana · 1906
- Wiggins v. Muscupiabe Land & Water Co.California Supreme Court · 1896
- Miller v. WheelerWashington Supreme Court · 1909
12 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Nebraska v. WyomingSupreme Court of the United States · 1945
- Joyce Livestock Co. v. United StatesIdaho Supreme Court · 2007
- Village of Peck v. DenisonIdaho Supreme Court · 1969
- Canyon View Irrigation Co. v. Twin Falls Canal Co.Idaho Supreme Court · 1980
- Bachman v. Reynolds Irrigation DistrictIdaho Supreme Court · 1936
28 more not listed; retrieve them via the Exa API.