(Download) "Hidden Springs Trout Ranch v. Hagerman" by Supreme Court Of Idaho # Book PDF Kindle ePub Free
eBook details
- Title: Hidden Springs Trout Ranch v. Hagerman
- Author : Supreme Court Of Idaho
- Release Date : January 29, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Involved here are competing rights to the waters arising from springs located on land owned by plaintiff-appellant Hidden Springs Trout Ranch, Inc. (hereinafter "Hidden Springs"). Defendant-respondent Hagerman Water Users, Inc. (hereinafter "Hagerman") has a decree to the water dating back to 1906, and owns and operates diversion works which conduct the water to the lands of its shareholders. Two distinct problems have arisen with regard to the use of this water: (1) Hagerman repaired its diversion works in 1976, causing a spring located on Hidden Springs land (known as "Spring A") to dry up; and (2) the parties signed an agreement in 1971 governing Hidden Springs right to use water from the system during the winter. Hidden Springs claims that the agreement has been violated, and brought suit in the court below to enjoin Hagerman from interfering with both Spring A and Hidden Springs rights under the 1971 agreement. Following trial, the district court dismissed Hidden Springs complaint, finding Hagerman within its rights as senior appropriator of the water. Finding no error, we affirm.