Paddock v. Clark

Citations

• 22 Idaho 498
• 126 P. 1053
• 1912 Ida. LEXIS 56

Syllabus

<p>Water Eights — Appurtenances to Land — Conveyance op Land.</p> <p>(Syllabus by the court.)</p> <p>1. Tinder the constitution and statutes of this state, a water right is real property, and is an appurtenance to the land irrigated by the use of such water.</p> <p>2. Where it is shown that a water right is acquired by the owner of land by deed of conveyance, and that such water right after purchase is used by the purchaser upon the land for a beneficial use, such water right becomes an appurtenance to such land, and where after such use such land is conveyed, and in the deed of conveyance said land is described, and the deed further provides “together with the appurtenances,” such deed of conveyance not only conveys the land, but the water rights appurtenant to said land.</p> <p>3. Where a deed of conveyance describes real property as “lots three and four and the east half of the southwest quarter and the southeast quarter of section numbered eighteen in township numbered three, north of range numbered two east of Boise Meridian, Idaho, save and excepting therefrom the northeast quarter of the northeast quarter of the southeast quarter thereof, containing three hundred fourteen and thirty-three hundredths acres .... together with the water and water rights used in connection therewith, being the right to demand and receive upon the terms and under the rules and regulations prescribed therefor thirty-five inches of the water of the Nampa and Meridian Irrigation Ditch Canal, formerly known as the Eidenbaugh Canal, together with one hundred ninety-two shares of the paid-up water stock of the New York Canal Company, Ltd., aggregating one hundred eighty-eight and six-hundredths inches of the said water,” and said deed also contains the following provision, “together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining .■ . . . to have and to hold all and singular the above mentioned and described premises,