Russell v. Irish

Citations

• 20 Idaho 194
• 118 P. 501
• 1911 Ida. LEXIS 99

Syllabus

<p>Water Right — Water Appurtenant to Land — Water Right Passes by Deed op Appurtenance — Confirmation of Irrigation Bonds — • Res Adjudicata.</p> <p>(Syllabus by the court.)</p> <p>1. A water right is ah appurtenance to the land on which it is used, and a deed to the land “together with appurtenances” carries with it the water right appurtenant to the land at the time of the conveyance, unless the same is excepted from the grant.</p> <p>2. A division of a tract of land to which a water right is appurtenant by the sale of a portion thereof, without segregating or reserving the water right, works a division of the water right in proportion as the land is divided by the conveyance.</p> <p>3. Under the provisions of see. 3111 of the Rev. Codes of this state, a transfer of a tract of land on whieh the waters obtained by water right have been partially applied in the irrigation and cultivation of the same and such water right had been “obviously and permanently” used by the person whose estate is transferred for the benefit of the portion transferred, the purchaser acquires the right to continue the use and enjoyment of such water right as the same had been previously used and enjoyed by the owner thereof. t</p> <p>4. Where an irrigation district has proceeded in conformity with the statute to issue irrigation district bonds and has procured an adjudication and confirmation of the proceedings in conformity with the statute and of the assessment of benefits against the several tracts of land within the district, the same becomes res adjudicata against both the land owners and the district in all subsequent proceedings in so far as the same may involve the assessment of benefits against the several traets of land.</p> <p>5. Id. — As to whether or not such proceedings amount to res adjudicada as to the extent of any water right in a controversy subsequently arising between the water users, — doubted.</p>