State Ex Rerl. Tappan v. Smith

SMITH, Chief Justice.

Respondent, the state reclamation engineer, seeks to enjoin appellants, Clyde E. Smith and wife, from withdrawing underground water from a well on their farm, and from changing the point of diversion and place of use of water from two other wells. Respondent prays for an injunction restraining appellants from doing any act violative of respondent’s orders of July 3, 1964, and August 25, 1964, and any act violative of the provisions of I.C. § 42-222, relating to change of place of use of water.

Appellants own at least three irrigation wells at the north end of Raft River…