Shelby v. Farmers' Co-operative Ditch Co.

Citations

• 10 Idaho 723
• 80 P. 222
• 1905 Ida. LEXIS 17

Syllabus

<p>Ditch Comp a vies — Corporations ob Persons — How may Enforce Payment foe Use of WateR.</p> <p>1. A canal or ditch company, corporation or person owning and operating a canal or ditch in this state, may require the claimants of water from such canal or ditch to pay or secure to be paid in advance before such canal or ditch company, corporation or person owning or- operating such ditch or canal can be required to furnish any water from such ditch or canal to any of the users thereof for any purpose. (Sess. Laws 1899, p. 382, sec. 19.)</p> <p>2. If such canal or ditch company or person fails to require such payment or security therefor, and does furnish any of the users of the waters of such canal or ditch with water for any purpose, the remedy is by suit at law to enforce such payment and not by rule or regulation refusing to furnish water until such arrearages are paid. (Rev. Stats. 1887, see. 3203.)</p> <p>(Syllabus by the court.)</p>