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WEEKS v. McKAY

No. 9229.

382 P.2d 788 (1963)

Thomas M. WEEKS, Arvey A. Weeks, and Ivan R. Weeks, Plaintiffs-Respondents, v. Archie McKAY, Defendant-Appellant.

Supreme Court of Idaho.

June 12, 1963.

Attorney(s) appearing for the Case

O.R. Baum, Ben Peterson, Ruby Y. Brown, Robert W. Bennett, Pocatello, for appellant.

Albaugh, Bloem, Smith & Pike, Idaho Falls, for respondents.

KNUDSON, Chief Justice.

Rainey Creek, in the spring of the year and during other high water periods, is a continuous stream flowing across appellant's land, but during the summer season is usually divided into two streams, viz.: Upper Rainey Creek and Lower Rainey Creek. The water of Upper Rainey Creek usually sinks and disappears before getting to the 9½ acre lake which is fed by springs and constitutes the headwaters of Lower Rainey Creek. Said lake is also...

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