Crow v. Carlson

SHEPARD, Justice.

This is an appeal from a judgment quieting title to water rights in the plaintiffs-respondents Crow. The dispute involves certain water rights in Fox Creek north of Victor, Idaho, in the vicinity of Rexburg. In 1910, 120 miner’s inches of the waters of Fox Creek were decreed to one Michael Byrne, with a priority date of 1890. That water was decreed as appurtenant to 240 acres of land, 160 of which were in Section 27 and are presently owned by the Crows, and 80 acres of which were in Section 26 and are presently owned by defendants-appellants Gordon. Both parcels lie in…