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Idaho Supreme Court· 2/8/1893

Conant v. Jones

Citations

  • 3 Idaho 606
  • 32 P. 250
  • 3 Hasb. 606
  • 1893 Ida. LEXIS 11

Syllabus

<p>Practice — Waiver.—When cross-complaint is not answered, and defendant proceeds to trial as though answer had been filed, he-thereby waives answer.</p> <p>Diversion of Water for Irrigation — Time of Application to Beneficial Use. — Appropriators of water for irrigation purposes, after conducting water to point of intended use, have a reasonable time in which to apply it to the use intended. They may add to the acreage of cultivated land from year to year and make application of water thereto for irrigation, as their necessities demand or as their abilities may permit, until they have put to a beneficial use the entire amount of water at first diverted by them; provided, that that amount is needed for the reasonable irrigation of the land.</p> <p>Findings. — Findings sufficient to sustain judgment.</p> <p>(Syllabus by the court.)</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • prior appropriator may ultimately claim entirety of his original appropriation, but he is only entitled to the amount of water he actually puts to beneficial use during the time it takes him to prepare his land for cultivation

Source: CourtListener parenthetical corpus (CC0).

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