Branson v. Miracle

BISTLINE, Justice.

This case of first impression addresses several important questions: the status of water developed through mining operations, as either public water subject to appropriation or non-appropriable private water; and the rights of owners of a mining claim to exclusive enjoyment of water situate thereon.

The Bransons, appellants, and the Miracles, respondents, were joined as parties in the 1969 Payette River Basin water rights adjudication. In August and September of 1977, the parties filed notices of claims to water rights as follows:

Source

Bransons Water originating from mine…