[Download] "Village Peck v. Roger Denison and Louise" by Supreme Court of Idaho No. 10159 ~ Book PDF Kindle ePub Free
eBook details
- Title: Village Peck v. Roger Denison and Louise
- Author : Supreme Court of Idaho No. 10159
- Release Date : January 27, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
The evidence produced at the trial established the following facts. A controversy arose over the ownership of certain rights
to water arising upon approximately thirty-five acres of land about one-half a mile west of the Village of Peck (hereafter
referred to as the Village). This land is owned by appellant Denison at the present time and is hereafter referred to as the
"Denison land." Running through the Denison land is Bear Creek, the waters of which empty ultimately into the Clearwater River.
Within the Denison land and on the north side of Bear Creek there is a rocky and substantially brush-covered gully or draw
with steep sides and sloping downward to Bear Creek. This gully is known locally, but not named officially, as Kayler Creek.
In this gully are three springs designated in the record and on plaintiff's exhibit 3 as "A," "B" and "C," spring A being
uppermost in the gully, spring B midway down the gully, and spring C lowermost in the gully and nearest Bear Creek. Without
the interference of any man-made works, the water from these springs flows down the gully into Bear Creek, especially in wet
weather. Such appears to be the natural state of Kayler Creek. The history of man's use of these springs and Bear Creek is as follows. The Denison land was homesteaded in 1899 by one Adams,
grandfather of James Kayler. It remained in the Kayler family from 1899 until 1937. The Kaylers met with officials of the
Village in 1909 and created an agreement under which the Village would have use of the water from spring C, subject to the
Kaylers' use of one inch of its water if other springs were not found. Since the Kaylers found another spring not here in
issue, they abandoned the whole of spring C to the Village, and the Denisons do not now contest the right of the Village to
the water from spring C. Likewise, the Village acquired by the 1909 agreement the right to augment its supply of water by
tapping Bear Creek, which right also is not contested by the Denisons.