Bower v. Moorman
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, Twin Falls County. Hon. C. O. Stockslager, Judge. Action to perpetually restrain the construction of artesian well. Judgment for plaintiff.
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APPEAL from the District Court of the Fourth Judicial District, Twin Falls County. Hon. C. O. Stockslager, Judge. Action to perpetually restrain the construction of artesian well. Judgment for plaintiff. Land owners whose lands overlie the same artesian basin have coextensive rights to water from such artesian basin, and one land owner cannot convey such water outside the basin for sale or use to the injury of another land owner in the same basin. {Katz v. Walhinshaw, 141 Cal. 116, 99 Am. St. 35, 70 Pae. 663, 74 Pac. 766, 64 L. R. A. 236; 2 Wiel on Water Rights, 3d ed., p. 974, and cases…
1Opinion of the CourtBudge, J.
— This is an appeal from a judgment entered in the district court of the fourth judicial district in Twin Falls county, in favor of the respondents, perpetually injoining appellants from driving or maintaining an artesian well on lot 5; or from in any manner or by any means interfering with the waters flowing or which might flow from respondents’ wells, which are located on lot 4, adjoining appellants-’ said lot; or from doing any act that would interfere with the flow or use of the water flowing from the wells of respondents.
It appears from the record that some years prior to the…
2Cases cited24 opinions
- Katz v. WalkinshawCalifornia Supreme Court · 1903
- Olds v. CummingsIllinois Supreme Court · 1863
- Chatfield v. WilsonSupreme Court of Vermont · 1855
- Forbell v. . City of New YorkNew York Court of Appeals · 1900
- Nielson v. ParkerIdaho Supreme Court · 1911
19 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
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- Yeo v. TweedyNew Mexico Supreme Court · 1929
- Baker v. Ore-Ida Foods, Inc.Idaho Supreme Court · 1973
- Wrathall v. JohnsonUtah Supreme Court · 1935
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