MACOMB v. EXTENSION DITCH CO.

No. 7561.

214 P.2d 464 (1950)

MACOMB et al. v. EXTENSION DITCH CO. et al.

Supreme Court of Idaho.

February 1, 1950.


Attorney(s) appearing for the Case

Herman Welker, Payette, Vernon Daniel, Payette, for appellants.

Donart & Donart, Weiser, Frank D. Ryan, Weiser, for respondents.


PORTER, Justice.

Respondents own a farm lying adjacent to Crystal Lake in Washington County. Crystal Lake is sometimes known as Buttermilk Slough. It is a natural lake formed by underground waters, seepage, waste waters and flood waters from Snake River. Its outlet, known as Little Buttermilk Slough, is a watercourse two and one-half miles in length which empties into Snake River.

The Lower Payette Ditch Company and appellants divert water from Payette River...

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