Walbridge v. Robinson

Citations

• 22 Idaho 236
• 125 P. 812
• 1912 Ida. LEXIS 31

Syllabus

<p>Water Eights — State Ownership of Waters — Diversion for TTse in Another State — Operation of Laws Confined to Jurisdiction of State — Gift or Grant of Public Eesource not Conferred.</p> <p>(Syllabus by the court.)</p> <p>1. Under the provisions of the constitution, see. 1, art. 15, and sec. 3240, Kev. Codes, all the waters of the state when flowing in their natural channels, including the waters of all natural springs or lakes within the boundaries of the state, are declared to be the property of the state.</p> <p>2. The title to the public waters of the state is vested in the state for the use and benefit of all the people of the state under such rules and regulations as may be prescribed from time to time by the law-making power of the state, and such title is held by the state in its sovereign capacity as the representative of all the people.</p> <p>3. The courts and text-writers uniformly class wild animals, fish, game, gas, light, air, and water in the same category as things of “the negative community,” or the property of no one, and subject to the regulation and control of the state ,in its sovereign capacity.</p> <p>4. The state has a right to forbid and prohibit the appropriation and diversion of its public waters for application and use beyond the confines of the state and within the jurisdiction of another state.</p> <p>5. Statutes are intended to apply and be confined in their operation to persons, properties, and' rights which are within the territorial jurisdiction of the law-making power; and one who claims the benefit of such laws for either person or property beyond the territorial jurisdiction of the law-making power must rest such elaim upon a statute granting such extraterritorial right.</p> <p>6. No presumption arises, from a failure of the state through its legislative authority to speak on the subject, that the state intends to grant any right, privilege or authority under its laws to be exercised beyond its jurisdiction.</p> <p>7. The sta