Farmers' Co-Operative Ditch Co. v. Riverside Irrigation District, Ltd.

Citations

• 16 Idaho 525
• 102 P. 481
• 1909 Ida. LEXIS 72

Syllabus

<p>Laches in Perfecting Appeal — Stipulation Considered — Irrigation —Priority of Appropriation — Establishment of Priorities— Duty of Water — Competent Evidence to Establish the Duty of Water — Taxing Costs of Making Survey.</p> <p>1. Showing examined in this case and held sufficient to exempt the appellants from the charge of laches imputed to appellants in McCrea v. McGrew, 9 Ida. 382, 75 Pac. 67, and Smith v. American Falls Canal $■ Power Co., 15 Ida. 89, 95 Pae. 1059.</p> <p>2. A stipulation entered into between the attorneys for the respective parties in an action, whereby they agree that the complaint, answers and cross-complaints in the ease shall be “deemed amended to conform to the facts as found by the court,” will not preclude the losing party from thereafter questioning the sufficiency of the findings or of the faets proven to support the findings.</p> <p>3. Evidence in this case examined and held sufficient to support the findings as to the respective rights of diversion and priorities of the several appropriators of water from the Boise river.</p> <p>4. Evidence in this case examined and held insufficient, when viewed in the light of the affidavits on motion for a new trial, to support the finding as to the duty of water in the Boise Valley, and particularly insufficient to support the finding that “The quantity of water required for the successful irrigation and cultivation of said lands, measured at the intake of the respective ditches under a four-inch pressure, is as follows:' Eor bench lands, one inch per aere. Por bottom lands, one and one-tenth inch per acre,” — the affidavits on motion for a new trial conclusively establishing that as large an acreage cannot .be irrigated under the decree as was formerly irrigated by the respective appropriations prior to the entry of such decree, and that a less quantity of water per acre will successfully irrigate the lands under the canals.</p> <p>5. The duty of water for the successful irrigation of lands