Kirk v. Bartholomew

Citations

• 3 Idaho 367
• 29 P. 40
• 1892 Ida. LEXIS 6

Syllabus

<p>Motion to Dismiss Appeal — Watep. Rights — Appropriation—Priority of Right.</p> <p>Water Rights — Appropriators of. — 1. The prior appropriator of water for irrigation purposes is entitled to the water so appropriated, necessary to the proper irrigation of his land, as against subsequent locators.</p> <p>Same — First in Time First in Right. — 2. The court must determine the date and amount of each appropriation, and from these facts determine the priority of right as between the parties, as declared by section 31S9 of the Revised Statutes of Idaho 1887, to wit, “As between appropriators the one first in time is the first in right.”.</p> <p>Number of Acres Claimed or Owned to be Considered. — 3. In determining the amount of water appropriated for useful or beneficial purposes, the number of acres of land claimed or owned by each party, and the amount of water necessary to the proper irrigation of the same, should be taken into consideration.</p> <p>(Syllabus by the court.)</p>