Verdell Olson v. Phillip F. Moulton

This is a case about whether and to what extent an uphill landowner can send irrigation wastewater across a downhill landowner's property. This case began when Lemhi County filed suit against the owners of both ranches seeking to relieve flooding along one of its roads. Phillip Moulton owns and operates a ranch that is on higher ground than the adjacent ranch that Verdell Olson operates. Surface and irrigation water that begins on Moulton's ranch makes its way to the Lemhi River through various channels. The one at issue in this case is a steep draw that sends water across a county road and…