Ada County Farmers' Irrigation Co. v. Farmers' Canal Co.

Citations

• 5 Idaho 793
• 51 P. 990
• 1898 Ida. LEXIS 14

Syllabus

<p>IRRIGATING CANALS — EIGHT OF WAY — DlTCH WATER — EeAL ESTATE ■ Eoefbitube — Nonuseb.—Possessory rights to rights of ways for irrigating ditches and the right to the use of water may each have an existence independent of the other. A ditch may he conveyed reserving the water right, or the water right may be conveyed reserving the ditch. Under the provisions of section 2825 of the Revised Statutes possessory rights to ditch and water rights are real property or real estate. The owner of a ditch on public lands of the United States does not forfeit the same merely by nonuser. Welch v. Garrett, ante, p. 639, 51 Pae. 405, cited and approved.</p> <p>(Syllabus by the court.)</p>