Hillman v. Hardwick

Citations

• 3 Idaho 255
• 28 P. 438
• 1891 Ida. LEXIS 44

Syllabus

<p>Section 3159 of the Revised • Statutes Construed — Appropriation of Water for Irrigation Purposes — Priority.—1. Under the statutes of Idaho, which provide (section 3159 of the Revised Statutes of Idaho), “As between appropriators, the one first in time is first in right.” • Held, that H., who, and his grantors, appropriated first all the waters of Gooseberry creek, and has continually used the same for the purpose of irrigating the lands owned by him, upon and along said creek, he is entitled to all of said waters to the extent of the capacity of his ditches necessary to the proper irrigation of his said lands as against subsequent locators.</p> <p>(Syllabus by the court.)</p>