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JOHNSON v. STRONG ARM RESERVOIR IRRIGATION DISTRICT

No. 8837.

356 P.2d 67 (1960)

Ben B. JOHNSON and Dorothy A. Johnson, Husband and Wife, Plaintiffs-Appellants, v. STRONG ARM RESERVOIR IRRIGATION DISTRICT and Joseph Hedin, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied October 13, 1960.

Attorney(s) appearing for the Case

Jones, Pomeroy & Jones, Pocatello, Ben B. Johnson, Preston, Baum & Peterson, Pocatello, for appellants.

Gee & Hargraves, Pocatello, for respondents.

McQUADE, Justice.

Appellants brought this action to enjoin respondents from interfering with their use of four cubic feet per second free flow (natural flow) rights to a certain stream known as Battle Creek. Respondents assert these water rights claimed by appellants have been surrendered to its predecessor, the Strong Arm Reservoir Company.

Prior to 1898, the predecessors of Francis J. Armstrong irrigated from the free flow of Battle Creek, a tributary to...

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