Gerber v. Nampa & Meridian Irrigation District
Idaho Supreme Court
APPEAL from tbe District Court of Third Judicial District for Ada County. Honorable Ed. L. Bryan, Judge of the Seventh Judicial District, Presiding. Original proceedings for writ of mandate to compel the appellant to deliver certain water to respondent. Judgment for respondent. The delivery of water cannot be required by mandamus .unless the plaintiff clearly shows that the defendant has the water to make the delivery.
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APPEAL from tbe District Court of Third Judicial District for Ada County. Honorable Ed. L. Bryan, Judge of the Seventh Judicial District, Presiding. Original proceedings for writ of mandate to compel the appellant to deliver certain water to respondent. Judgment for respondent. The delivery of water cannot be required by mandamus .unless the plaintiff clearly shows that the defendant has the water to make the delivery. Both our constitution and statutes require that the canal owner shall respect the rights of prior users of water. (See. 4, art. 15, Const.; see. 2600, Civil Code, 1901.)…
1Opinion of the CourtSullivan, J.
Plaintiff, 'who is respondent here, brought this action for a writ of mandate to require the defendant to deliver to him seventy inches of water from what' is known as the “Ridenbaugh canal,” for use upon land of plaintiff. The defendant, who is appellant, is an irrigation district, organized under the laws of the state of Idaho, and is the owner of said canal. The respondent owns eighty acres of land within said irrigation district, and claims the right to seventy inches of water for use on said land from said canal.
The complaint, among other things, alleges the ownership of said land in…
2Cases cited1 opinion
- Gould v. Maricopa Canal Co.Arizona Supreme Court · 1904
3Cited by12 opinions
- Sanderson v. Salmon River Canal Co.Idaho Supreme Court · 1921
- United States v. HagaDistrict Court, D. Idaho · 1921
- Gerber v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1911
- State v. Laramie Rivers Co.Wyoming Supreme Court · 1943
- Lewis v. Mountain Home Co-operative Irrigation Co.Idaho Supreme Court · 1916
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