LOWER PAYETTE DITCH CO. v. Harvey

EISMANN, Justice.

This is an appeal challenging the district court’s ruling that appellants were not the sole prevailing parties in this litigation. We affirm the judgment of the district court.

i.

Factual Background.

Robert and Margaret Harvey (Defendants) own 220 acres of farmland - on an elevated bluff that is near a section of an irrigation canal owned by the Lower Payette Ditch Company (Plaintiff) through which it delivers irrigation water to approximately 490 landowners and 13,000 acres of irrigated farmland. Defendants pump water from the Plaintiffs canal to irrigate their farmland.

On…