Washington State Sugar Co. v. Goodrich
Idaho Supreme Court
■APPEAL from the District Court of the Eighth Judicial District, in and for the County of Kootenai. Hon. R. N. Dunn, Judge. Action to quiet title to certain water rights in Lewellyn creek. The appropriator is not even entitled to the quantity actu ■ ally diverted and taken into possession, if he uses only a portion of it; his right is limited to the amount so actually used. (Wiel on Waters, sec. 168; Van Camp v, Emery, 13 Ida. 202, 89 Pac. 752; Trimble v. Hellar, 23 Cal.
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■APPEAL from the District Court of the Eighth Judicial District, in and for the County of Kootenai. Hon. R. N. Dunn, Judge. Action to quiet title to certain water rights in Lewellyn creek. The appropriator is not even entitled to the quantity actu ■ ally diverted and taken into possession, if he uses only a portion of it; his right is limited to the amount so actually used. (Wiel on Waters, sec. 168; Van Camp v, Emery, 13 Ida. 202, 89 Pac. 752; Trimble v. Hellar, 23 Cal. App. 436, 138 Pac. 376.) An appropriator of water for irrigation purposes has no more than a reasonable time in which to…
1Opinion of the CourtBudge, J.
— This is an action brought in the district court of the eighth judicial district for the county of Kootenai, to quiet title to the waters of Lewellyn creek, a small stream rising in the mountains east of the lands now owned and in the possession of appellant and respondents, in this action.
Appellant owns a farm of 2,000 acres, situated about five miles from the point of diversion of appellant company’s ditch on Lewellyn creek. When this action was commenced, a considerable portion of this land was in a high state of cultivation. It is arid in character and requires irrigation for its…
2Cases cited13 opinions
- Nielson v. ParkerIdaho Supreme Court · 1911
- Fort Lyon Canal Co. v. ChewSupreme Court of Colorado · 1905
- Vogel v. Minnesota Canal & Reservoir Co.Supreme Court of Colorado · 1910
- Winter v. McMillanCalifornia Supreme Court · 1890
- Farmers' High Line & Reservoir Co. v. WolfColorado Court of Appeals · 1913
8 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Joyce Livestock Co. v. United StatesIdaho Supreme Court · 2007
- State v. Hagerman Water Right Owners, Inc.Idaho Supreme Court · 1997
- Steinour v. Oakley State BankIdaho Supreme Court · 1928
- Harris v. ChapmanIdaho Supreme Court · 1931
- Basinger v. TaylorIdaho Supreme Court · 1917
36 more not listed; retrieve them via the Exa API.