Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.

MORGAN, J. —

April 13, 1928, appellant acquired, by purchase from Gold Dredging & Power Corporation, placer mining ground on Grimes Creek, in Boise county. This ground contained deposits of gold in the sand and gravel of the creek bottom, was valuable for these deposits alone and could be successfully mined only by use of a dredge which operated in and dipped the gold bearing sand and gravel from a dredge pond. Appurtenant to the mining ground was a water right to the waters of the creek to bo used in mining.

Respondent owned timber growing on the watershed of Grimes Creek and its tributaries…