Bennett v. Nourse

Citations

• 22 Idaho 249
• 125 P. 1038
• 1912 Ida. LEXIS 34

Syllabus

<p>Water Rights — Point of Diversion — Change op — Priorities—Irrigation— Application op Water to Beneficial Use — Reasonable Time — Change of Point of Diversion.</p> <p>(Syllabus by tbe court.)</p> <p>1. Under the provisions of sec. 3175, Rev. Stats, of 1887, a person entitled to the use of water may change the place of diversion if others are not injured thereby.</p> <p>2. Held, that the court erred in not granting B. a water right of 160 inehes with a priority as of April 8, 1885.</p> <p>3. Water that is appropriated for irrigation purposes must be measured to the claimant at the point of diversion.</p> <p>4. Held, that the court erred in not granting D. a water right of 160 inehes with a priority of March 31, 1885.</p> <p>5. An appropriate of water may adopt as his ditch, or a part thereof, a depression or slough, where it is feasible, and thus save the cost of the construction of a diteh.</p> <p>6. An appropriator of water for irrigation purposes has a reasonable time in which to apply water to his land after conducting it to the point of intended use.</p> <p>7. Held, under the evidence, that a period of twenty-four years is more than a reasonable time in which to reclaim the 160 acres of land owned by A., and more than a reasonable time to put the water intended for that purpose to a beneficial use.</p> <p>8. Held, that the court erred in granting 1?. B. A. more than fifty inches of water with a priority as of April 1, 1884, and thirty inehes with a priority as of March 31, 1885, as he had reclaimed only about seventy aeres of Ms land in twenty-four years.</p> <p>9. The court erred in granting B. A. more than eighty inehes of water, and her priority of right should date from Mareh 31, 1885.</p> <p>10. Held, that A. & L. were entitled to 100 inches of water for the irrigation of certain lands held by them with a priority of June 1, 1876, and no more, sinee they had only reclaimed 100 acres of their 240 acre traet in thirty-two years.</p>