Hall v. Blackman
Idaho Supreme Court
APPEAL from District Court, Elmore County. The theory of the judge of the court below, in arriving at a conclusion in this case, seems to have been that a water right attaches to a particular piece of land upon which such water was used, and that the Ethell brothers having actually used most of their water upon lands now owned by plaintiff Wilson, that such lands must have the benefit of the appropriation.
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APPEAL from District Court, Elmore County. The theory of the judge of the court below, in arriving at a conclusion in this case, seems to have been that a water right attaches to a particular piece of land upon which such water was used, and that the Ethell brothers having actually used most of their water upon lands now owned by plaintiff Wilson, that such lands must have the benefit of the appropriation. This theory, we urge, cannot fee maintained, and is neither founded upon law or upon reason. The right to the use of water acquired by prior appropriation is not in any way dependent upon…
1Opinion of the CourtSulliyan, J.
— This action was brought to determine the respective rights and priorities of the plaintiffs and defendants to the use of the waters of Bennett creek, Elmore county. The action was commenced by Adin M. Hall and W. E. Wilson, as plaintiffs, against William H. Blackman, Charles Geer-hart, Charles F. Boss, Mrs. Ida Boss, Benjamin Sparlin, John McCune, S. B. Blackwell, and M. L. Davis, as defendants, and thereafter, by order of the court, S. B. Blackwell appeared as a plaintiff. The pleadings put in issue the rights and priorities of the respective parties to the use of certain specified…
Also in this document: Concurrence.
2Cases cited4 opinions
- Cache La Poudre Irrigating Co. v. Larimer & Weld Reservoir Co.Supreme Court of Colorado · 1898
- Conant v. JonesIdaho Supreme Court · 1893
- Moss v. RoseOregon Supreme Court · 1895
- Kirk v. BartholomewIdaho Supreme Court · 1892
3Cited by39 opinions
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- Joyce Livestock Co. v. United StatesIdaho Supreme Court · 2007
- Knowles v. New Sweden Irrigation DistrictIdaho Supreme Court · 1908
- Nielson v. ParkerIdaho Supreme Court · 1911
- Taylor v. HulettIdaho Supreme Court · 1908
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