Gilbert v. Smith

SHEPARD, Justice.

This is an appeal from a declaratory judgment involving the water rights on three streams within Township 11 South, Ranges 39 and 40 E.B.M. in Caribou County, Idaho. Involved are the waters of Birch Creek and Densmore Creek which, according to the testimony on behalf of all parties, are tributaries of and flow into Beaver Dam Creek which in turn is a tributary of Bear River. 1 All parties to this action are owners or contract lessees of water rights in these interrelated waterways.

The rights to use of all waters from the three named streams were, among others, judicially…