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GASSER v. GARDEN WATER CO.

No. 8784.

346 P.2d 592 (1959)

Golden GASSER, Plaintiff-Appellant, v. GARDEN WATER CO., Inc., Defendant-Respondent.

Supreme Court of Idaho.

November 17, 1959.

Attorney(s) appearing for the Case

A. A. Merrill, Idaho Falls, for appellant.

Holden, Holden & Kidwell, Idaho Falls, for respondent.

PORTER, Chief Justice.

In the year 1897 a number of land owners in Idaho acquired a permit from the State of Wyoming to divert water from Darby Creek in Wyoming for use for irrigation and milling purposes upon certain lands in Idaho. These lands are situated in what is now Teton County. The permit was issued in the name of Wyoming and Darby Bench Canal Company. In 1910 title to this water was by suit quieted in the canal company. Subsequently, in order to provide...

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