Legal Opinion

Youngs v. Regan

Idaho Supreme Court

Decided September 29, 1911PublishedCited by 6 opinions

APPEAL from the District Court of the Fourth Judicial District for Twin Falls County. Hon. Edward A. Walters, Judge. Action to quiet title to certain water. Judgment for defendant.

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APPEAL from the District Court of the Fourth Judicial District for Twin Falls County. Hon. Edward A. Walters, Judge. Action to quiet title to certain water. Judgment for defendant. The only restriction placed upon the use of water under the constitution and laws of this state seems to be the solitary one that the use must be beneficial, and that water appropriated and applied to a certain beneficial use can thereafter be taken and applied to any other use whatever, providing the same be a beneficial use. (Davis v. Gale, 32 Cal. 26, 91 Am. Dee. 554, 4 Morr. Min. Rep. 604.) The defendant,…

1Opinion of the CourtSullivan, J.

This is an action brought by the appellant, who was plaintiff, to restrain the respondent, who was defendant, from diverting water from the lands of appellant and from an order made and entered therein overruling appellant’s motion for a new trial.

The appellant in her amended complaint alleges that she and her grantors and predecessors in interest, for more than ten years prior to the time of the commencement of this action, were the owners, in the possession of, and entitled to the possession of, the tract of land described in said complaint, and the right to use for the irrigation of the…

2Cases cited1 opinion

  1. Nielson v. ParkerIdaho Supreme Court · 1911

3Cited by6 opinions

  1. Cantlin v. CarterIdaho Supreme Court · 1964
  2. Silkey v. TiegsIdaho Supreme Court · 1931
  3. King v. ChamberlinIdaho Supreme Court · 1911
  4. Short v. PraisewaterIdaho Supreme Court · 1922
  5. Gard v. ThompsonIdaho Supreme Court · 1912

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