Welch v. Garrett

Citations

• 5 Idaho 639
• 51 P. 405
• 1897 Ida. LEXIS 50

Syllabus

<p>Ditch on Public Lands is Held by Grant — Nonuser—Abandonment. — A ditcb constructed for mining purposes on unoccupied public lands of tbe United States is held by grant, and the owner of such ditch does not forfeit his right thereto merely by nonuser. Nonuser of a ditch brought about by circumstances over which the ditch owner has no control is not evidence of abandonment, or intention to abandon such ditch.</p> <p>(Syllabus by the court.)</p>