Boise Irrigation & Land Co. v. Stewart

Citations

• 10 Idaho 38
• 77 P. 25
• 1904 Ida. LEXIS 9

Syllabus

<p>Constitutional Law — Title to Act — Public Waters — Regulation of Appropriation — Ownership in Water — Local and Special Laws — State Engineer — -How Paid — Costs of Maps and Plats— Judge may Request State Engineer to Furnish Maps and Plats — Discretionary—Regulating Procedure — No Person has Vested Right in Procedure — Retrospective Law — Evidence in Water Suit — Appointment of Referee to Take Testimony.</p> <p>1. The title to an act entitled “An act to regulate the appropriation and diversion of the public waters and to establish rights to the use of said waters and the priority of such rights,” approved March 11, 1903 (Sess. Laws 1903, p. 223), held sufficient to include all of the provisions of said act particularly referred to in this proceeding and not repugnant to the provisions of section 16, article 3 of the constitution of Idaho.</p> <p>2. The term “public waters” as used in said act refers to all water running in the natural channel of the streams, and the state may by proper legislation regulate the appropriation and use thereof.</p> <p>3. The private rights to the use of such waters are rights to use the same, and not an ownership of them while they are flowing in the natural channel of the streams.</p> <p>4. The title of said act is sufficient to include provisions for the appropriation of such waters and the settlement of the priorities of rights to the use thereof.</p> <p>5. The provisions of sections 4 and 5 of said act are not repugnant to the provisions of section 2 of article 5 of the state constitution.</p> <p>6. Said act is not a local or special law within the meaning of subdivision 3 of section 19 of the state constitution, and is not repugnant to sections 2 and 26 of article 5 of the constitution.</p> <p>7. The work required to he done by the state engineer under the provisions of section 33 of said act must be paid for by the state, and that done under the provisions of section 37 must be paid for by parties to the action.</p> <p>8. In a