Nampa & Meridian Irrigation District v. Briggs
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action to recover from defendant his pro rata share for the management, maintenance and repairs of appellant's canal system. Judgment for defendant. Deeds of this character, to a part only of the water carried by the canal, clearly bring the grantee and the owners of the remainder of the water carried by the canal into the relation of tenants in common in water rights.
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APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action to recover from defendant his pro rata share for the management, maintenance and repairs of appellant's canal system. Judgment for defendant. Deeds of this character, to a part only of the water carried by the canal, clearly bring the grantee and the owners of the remainder of the water carried by the canal into the relation of tenants in common in water rights. (Frost v. Alturas Water Co., 11 Ida. 294, 81 Pae. 996.) Respondent relies upon Jackson v. Indian Creek Reservoir etc. Co.,…
1Dissent
SULLIVAN, C. J.,
Dissenting. — I am unable to concur in the conclusion reached by my associates.
The facts as to the location of the two water rights from one or both of which the rights, involved here were sold and conveyed to the grantors of the respondent, are substantially as follows:
One Morris, on August 7, 1877, filed his water right location in the recorder’s- office of Ada county, claiming sufficient water from Boise river to fill a ditch twelve feet wide on top from bank to bankj eight feet wide on bottom, and three feet in perpendicular depth. The location notice provides that said…
2Cases cited5 opinions
- Leavitt v. Lassen Irrigation Co.California Supreme Court · 1909
- Knowles v. New Sweden Irrigation DistrictIdaho Supreme Court · 1908
- Nampa & Meridian Irrigation District v. GessIdaho Supreme Court · 1910
- Jackson v. Indian Creek Reservoir Ditch & Irrigation Co.Idaho Supreme Court · 1909
- Jackson v. Indian Creek Reservoir Ditch & Irrigation Co.Idaho Supreme Court · 1910