Hutchinson v. Watson Slough Ditch Co.

Citations

• 16 Idaho 484
• 101 P. 1059
• 1909 Ida. LEXIS 54

Syllabus

<p>Natural Watercourse — Bight of Appropbiator to Garry Water in Channel of Watercourse — Priority of Appropriation — Riparian Bights- — Right to Interfere with Plow of Stream.</p> <p>1. Evidence in this case examined and held sufficient to sustain the finding that Watson slough, in Bingham county, is a natural watercourse.</p> <p>2. A showing by a riparian proprietor that he has been for more than seventeen years using the water of a stream for “domestic, culinary and household purposes and for the use of his livestock,” and that the water of the stream has continuously flowed through his land, “moistening the same,” does not amount to an appropriation of any of the water of the stream within the meaning of the constitution and statute of this state. The waters of this state are subject to appropriation and diversion in the manner prescribed by the constitution and statute, and priority of appropriation gives the better right to the use of such waters as. between the appropriator and every other person, even though he be a riparian owner.</p> <p>3. The common-law doctrine of riparian rights, in so far as those rights conflict with the right of an appropriator of the waters of a stream, is repugnant to, and in conflict with, the constitution and statutes of this state, and to that extent has been abrogated thereby.</p> <p>4. Riparian rights exist in the state of Idaho only to the extent that they do not come in conflict with the superior and paramount right of one who has appropriated the waters for a beneficial use in conformity with the constitution and statutes of the state.</p> <p>5. The rights of a riparian proprietor exist and may be maintained as against a stranger who does not claim or assert his right to interfere with or disturb the waters of a natural stream by or on account of an appropriation to a beneficial use. In such case the rights of a riparian proprietor are superior and paramount to the rights of a stranger or intermeddler who does not assert or