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MOUNTAIN HOME IRRIGATION DISTRICT v. DUFFY

No. 8530.

319 P.2d 965 (1957)

MOUNTAIN HOME IRRIGATION DISTRICT, an irrigation district, Plaintiff-Respondent, v. Dan DUFFY, Defendant-Appellant.

Supreme Court of Idaho.

December 24, 1957.

Attorney(s) appearing for the Case

Karl Jeppesen, Boise, for appellant.

Anderson, Kaufman & Anderson. Boise, for respondent.

TAYLOR, Justice.

Plaintiff (respondent) is the owner of a right to the use of 50,000 miners inches of the waters of Rattlesnake creek in Elmore County, for the irrigation of lands within its boundaries by decree filed May 31, 1917, with priority date of June 1, 1891. Plaintiff owns and maintains a reservoir on Rattlesnake creek known as the Mountain Home reservoir. Water from the creek is stored in this reservoir and is drawn...

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