Bennett v. Nourse
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edward A. Walters, Judge. Action to determine the amount and priorities of water rights for Canyon creek, Elmore county. A trespasser cannot by his wrongful act make a valid appropriation. (McGuire v. Brown, 106 Cal. 660, 39 Pac. 1060, 30 L. R. A. 384; Benton v. Johncox, 17 Wash. 277, 61 Am.
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APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edward A. Walters, Judge. Action to determine the amount and priorities of water rights for Canyon creek, Elmore county. A trespasser cannot by his wrongful act make a valid appropriation. (McGuire v. Brown, 106 Cal. 660, 39 Pac. 1060, 30 L. R. A. 384; Benton v. Johncox, 17 Wash. 277, 61 Am. St. 912, 49 Pac. 495, 39 L. R. A. 107; Wiel on Water Rights, 3d ed., sec. 221; Sturr v. Beck, 133 U. S. 541, 10 Sup. Ct. 350, 33 L. ed. 761; Le Quime v. Chambers, 15 Ida. 405, 98 Pac. 415, 21 L. R. A., N. S., 76; Smith…
1Opinion of the CourtSullivan, J.
This action is to determine the amount and priorities of water rights from Canyon creek, Elmore county. Canyon creek rises in the Danskin mountains, about twenty miles north of Mountainhome, and flows in a southerly direction through the foothills and mountains about twelve miles out upon the sagebrush plain. At the mouth of the canyon is situated what is known as the Ake and Lockman ranch. From that point the creek flows in a southerly direction about three miles, where it divides, one fork going in a westerly direction and called the west fork of Canyon creek, the other in a southerly…
2Cases cited5 opinions
- Conant v. JonesIdaho Supreme Court · 1893
- Stickney v. HanrahanIdaho Supreme Court · 1900
- Handy Ditch Co. v. Louden Irrigating Canal Co.Supreme Court of Colorado · 1900
- Parke v. BoulwareIdaho Supreme Court · 1901
- The Baer Bros. Land & Cattle Co. v. WilsonSupreme Court of Colorado · 1906
3Cited by15 opinions
- Basinger v. TaylorIdaho Supreme Court · 1917
- Glenn Dale Ranches, Inc. v. ShaubIdaho Supreme Court · 1972
- In Re Appeal From the Department of ReclamationIdaho Supreme Court · 1931
- Pioneer Irrigation District v. American Ditch Ass'nIdaho Supreme Court · 1931
- Basinger v. TaylorIdaho Supreme Court · 1922
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