Malad Valley Irrigating Co. v. Campbell

Citations

• 2 Idaho 411
• 18 P. 52
• 1888 Ida. LEXIS 20

Syllabus

<p>Prior Appropriation op Water. — Prior appropriation of all the waters of a stream applied to a useful purpose gives the better right to the tributaries and all the direct and immediate sources of supply of the stream, and when this right once vests it must be protected and upheld.</p> <p>Springs — Sources op Supply. — Eights cannot be acquired to the waters of springs situate along the channel of a stream, and which constitute its direct source of supply, by entering upon, cleaning out and thereby increasing the water supply, as against prior appropriators in good faith, of the whole of the waters of the stream.</p> <p>Query. — Whether One can bring water from another independent source into a natural stream, whose waters have been appropriated, and use the channel of such stream to conduct the water thus brought into another point, to be there diverted and used. Suggested, but not decided.</p> <p>(Syllabus by the court.)</p>