Poole v. Olaveson

SMITH, Justice.

Appellants (plaintiffs) seek to enjoin respondents (defendants) from diverting their waste water arising from the irrigation of their lands into drainage ditch or system-constructed by appellants, who contend it to be their own private property; whereas respondents contend that the drainage system substitutes for the natural channel of Spring Creek, which furnished natural drainage for such waste waters.

The Sections of land hereinafter referred to are situate in Township 5 North, Range 38 East of the Boise Meridian, in Jefferson County.

Spring Creek arises in the Little Buttes…