Nampa & Meridian Irrigation District v. Manville
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Actions by irrigation district against water users to recover alleged pro rata share of repairing and concreting its canal. The property right of defendants is not an interest in the original canal as it existed ^prior to enlargement. That canal no longer exists. It is only material in determining the date of priority and amount of water rights of defendants.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Actions by irrigation district against water users to recover alleged pro rata share of repairing and concreting its canal. The property right of defendants is not an interest in the original canal as it existed ^prior to enlargement. That canal no longer exists. It is only material in determining the date of priority and amount of water rights of defendants. Scott and Gess were, as a matter of law, compensated for the change in the character of the canal- in 1889 by the cause of action…
1Opinion of the CourtBudge, C. J.
The appellant commenced two actions, one against respondent Manville to collect his alleged pro rata share of the expenses incurred in repairing a break in the main canal controlled by the irrigation district, and also to collect a like share of the expenses incurred by the district in concreting a section of the canal, including the section where the break occurred. The other action was against respondent McBirney to collect his alleged pro rata share of the concreting only. The actions were consolidated for trial and but one record was made. Findings were prepared in each cause and…
2Cases cited4 opinions
- Nampa & Meridian Irrigation District v. BriggsIdaho Supreme Court · 1915
- Riverside Heights Water Co. v. Riverside Tr. Co.California Supreme Court · 1906
- Arroyo Ditch & Water Co. v. BequetteCalifornia Supreme Court · 1906
- Patterson v. Brown & Campion Ditch Co.Colorado Court of Appeals · 1893
3Cited by2 opinions
- Gess v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1920
- Gess v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1920