Legal Opinion

King v. Chamberlin

Idaho Supreme Court

Decided November 3, 1911PublishedCited by 18 opinions

APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Submission on an agreed statement of facts as to the right of the plaintiffs to the waters of an artificial lake constructed on their own land. Judgment for the plaintiffs and defendant appeals.

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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Submission on an agreed statement of facts as to the right of the plaintiffs to the waters of an artificial lake constructed on their own land. Judgment for the plaintiffs and defendant appeals. The waters of a lake which was formed from a slough by means of dams and dikes, and which is wholly upon private lands, may be legally appropriated and diverted for irrigation or domestic purposes, without the consent of the owner of such lands. (Sec. 3252, Rev.. Codes; Delaplaine v. Chicago…

1Opinion of the CourtAilshie, J.

This case was submitted to the trial court on an agreed statement of facts as follows: Paragraph 1 states that the plaintiffs are husband and wife; paragraph 2 describes the lands belonging to the plaintiffs, comprising 160 acres situated in Kootenai county, Idaho; paragraphs 3, 4, 5, 6, 7, 8, and 9 are as follows:

“3. That at all of the times herein mentioned there was and yet is wholly situated and located on said lands and premises a certain lake, known as, named and called Avon-dale Lake, about three-quarters of a mile long, and from 200 to 400 yards wide, and that said lake is at all…

2Cases cited5 opinions

  1. Nielson v. ParkerIdaho Supreme Court · 1911
  2. Davis v. SpauldingMassachusetts Supreme Judicial Court · 1892
  3. Vanderwork v. HewesNew Mexico Supreme Court · 1910
  4. Metcalf v. NelsonSouth Dakota Supreme Court · 1895
  5. Youngs v. ReganIdaho Supreme Court · 1911

3Cited by18 opinions

  1. Oklahoma Water Resources Board v. Central Oklahoma Master Conservancy DistrictSupreme Court of Oklahoma · 1969
  2. State Farm Fire & Casualty Co. v. PaulsonWyoming Supreme Court · 1988
  3. Binning v. Miller, Water Division SuperintendentWyoming Supreme Court · 1940
  4. Hall v. TaylorIdaho Supreme Court · 1937
  5. Washington County Irrigation District v. TalboyIdaho Supreme Court · 1935

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