Exum v. Portneuf-Marsh Valley Irrigation Co.

— About February, 1915, the respondents, who were the owners of Lots 3 and 4 and the N. % NW. %, Sec. 23, Tp. 9 S., R. 37 E., B. M., conveyed to the appellant company an easement, giving said company the right to overflow a portion of said lands. This conveyance grew out of a controversy that had arisen between said parties after the predecessor of said company had constructed a dam in the Portneuf River for the purpose of impounding the waters thereof for the irrigation of certain lands in the vicinity of Downey, Idaho, when it was found that the dam backed up the waters of the reservoir…