Feeney v. Chester

Citations

• 7 Idaho 324
• 63 P. 192
• 1900 Ida. LEXIS 68

Syllabus

<p>Water Rights — Irrigation—Action to Quiet Title to Ditch and Water — Verbal Agreement as to Use of Water. — Where it is apparent from the pleadings that the purpose of the litigation is the settlement of the rights of the parties litigant to the waters of a certain creek or river flowing through a certain ditch and the rights of the parties to the use of such ditch, it is not error for the trial court, having before it all of the parties interested and having jurisdiction of the subject matter, to pass upon and decide the entire matter. Where one contemplating the construction of a ditch or canal for the purpose of conducting water from a creek or river to lands owned by him finds that it is necessary to construct the same over and through the lands of another, and makes an agreement with the owner of said lands, that in consideration of a right of way through the same, such owner shall have an interest in said ditch to the extent of a sufficient amount of water therefrom to irrigate - his said lands, such agreement is binding upon both the party making the agreement and those holding or claiming to hold under him.</p> <p>(Syllabus by the court.)</p>