Furey v. Taylor
Idaho Supreme Court
APPEAL from the District Court of the Sixth.-Judicial District for Custer County. Hon. J. M. Stevens, Judge. An action to determine the relative rights of appropriators of water.
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APPEAL from the District Court of the Sixth.-Judicial District for Custer County. Hon. J. M. Stevens, Judge. An action to determine the relative rights of appropriators of water. The appellant being the prior appropriator of the 350 inches claimed by him and as shown by a preponderance of the evidence, and having applied the same to a beneficial use in growing crops, although he never applied to the state engineer for a permit or procured a permit or license from the state engineer, his right is superior and paramount to any right that a subsequent appropriator can procure without regard to…
1Opinion of the CourtStewart, C. J.
This action was brought by the appellant against the respondents for the purpose of determining the relative rights of the appellant and the respondents to the waters of Pass creek, which empties into Big Lost river, in Custer county. The cause was tried to the court, findings of fact and conclusions of law were made, and a decree entered: First, that the appellant is not entitled to any relief, and that his cause of action should be dismissed; second, that the respondents are entitled to a decree establishing their rights in and to the use of water from Pass creek under dates of priority as…
2Cases cited3 opinions
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