Branstetter v. Williams

Citations

• 6 Idaho 574
• 57 P. 433
• 1899 Ida. LEXIS 36

Syllabus

<p>Mining Ditches — Appropriation of Water for Mining Purposes— Priority. — Plaintiffs’ predecessors in interest located and appropriated one hundred and twenty-five inches of the waters of Elk creek, in 1863, and utilized the same for purposes of plaeer mining. In December, 1863, the predecessors in interest of defendants located and appropriated all the surplus or available water in Elk creek and tributaries (Deer creek included), and used the same for mining purposes through a ditch constructed during 1864. During the year 1865, plaintiffs’ predecessors constructed another ditch, with a capacity of five hundred inches of water, and connected the same with the first-named ditch by a flume across Elk creek, and also enlarged the first-mentioned ditch to a capacity of five hundred inches. Held, that, as against defendants, plaintiffs could only claim priority for one hundred and twenty-five inches of the water of Elk creek. The finding of the lower court against the claim of appellants for damages held to be sustained by the evidence.</p> <p>(Syllabus by the court.)</p>