Sarret v. Hunter
Idaho Supreme Court
APPEAL from tbe District Court of the Sixth Judicial District, for Custer County. Hon. Carl A. Davis, Presiding Judge. Action, in the nature of a suit to quiet title to water rights and adjudicate priorities. Judgment for respondents. A water right can he acquired by use for a beneficial purpose of the waters of a stream upon lands owned by the United States and with the title to which the user has not connected himself.
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APPEAL from tbe District Court of the Sixth Judicial District, for Custer County. Hon. Carl A. Davis, Presiding Judge. Action, in the nature of a suit to quiet title to water rights and adjudicate priorities. Judgment for respondents. A water right can he acquired by use for a beneficial purpose of the waters of a stream upon lands owned by the United States and with the title to which the user has not connected himself. (Kinney on Irrigation, 2d ed., sec. 725, and authorities cited; Ball v. Blackman, 8 Ida. 272, 68 Pac. 19; Brose v. Boise City R. etc. Co., 5 Ida. 694, 51 Pae. 753; Branca v.…
1Opinion of the CourtBudge, J.
This is an action in the nature of a suit to quiet title to certain water rights on Upper Cedar Greek in Custer county and to adjudicate the priorities between the parties hereto.
Appellant J. B. Hunter made application for a permit to appropriate 26 second-feet of the waters of said creek on May 1, 1909. This application was later corrected in accordance with directions of the state engineer, and on July 1909, permit No. 4990 was issued to J. B. Hunter in accordance with the application, one-fifth of the work to be completed July 27, 1911, the whole to be completed July 27, 1913, and final…
2Cases cited1 opinion
- Cave v. TylerCalifornia Supreme Court · 1901
3Cited by19 opinions
- Joyce Livestock Co. v. United StatesIdaho Supreme Court · 2007
- Fawcett v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1920
- Sanderson v. Salmon River Canal Co.Idaho Supreme Court · 1921
- Lemmon v. HardyIdaho Supreme Court · 1974
- First Security Bank v. StateIdaho Supreme Court · 1930
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