Wilterding v. Green

Citations

• 4 Idaho 773
• 45 P. 134
• 1896 Ida. LEXIS 29

Syllabus

<p>Irrigation — Appropriation of Water. — Under the constitution and statutes of Idaho, the waters of the state are subject to appropriation for rental, sale, or distribution.</p> <p>Same — When a Public Use. — When so appropriated and taken out, the said waters become a public use and are dedicated to the public.</p> <p>Same — Canals and Ditch Eights. — The owners of canals and ditches are entitled to reasonable compensation for appropriating and delivering said water.</p> <p>Lands . Under Ditches Entitled to Use of Water — Compensation to Ditch Owners. — Those owning or controlling lands under said ditches or canals are entitled to the use of waters therein upon paying or tendering to the owners of such canals a reasonable compensation for such use; and when such waters are so used for one year, or a term of years, the right to such use becomes perpetual, unless limited by contract.</p> <p>District Court to Determine Compensation for Use of Water.— The district court is authorized by the statute to determine, under all circumstances, what is a reasonable compensation and what are reasonable terms for the use of water, either annually, or for a term of years.</p> <p>When Mandamus will Lie. — The law giving a plain, speedy and adequate remedy in this case mandamus does not lie until a rate is fixed.</p> <p>(Syllabus by the court.)</p>