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CANTLIN v. CARTER

No. 9395.

397 P.2d 761 (1964)

Everett E. CANTLIN, Plaintiff and Appellant, v. George N. CARTER, State Reclamation Engineer of the State of Idaho, or his successor, V. A. Coiner, Delmar Coiner, Wesley Thompson, Harold Sweeney, Matthew Schutter, Ervin G. Wilson and Marshall Watson, Defendants and Respondents.

Supreme Court of Idaho.

December 22, 1964.

Attorney(s) appearing for the Case

Robert F. McLaughlin, Mountain Home, for appellant.

Jones, Pomeroy & Jones, Pocatello, for respondents.

McFADDEN, Justice.

On October 8, 1959, Everett E. Cantlin, the appellant herein, plaintiff in the district court, filed with the State Reclamation Engineer an application for a permit to appropriate 2.4 cubic feet per second of water "from swamp land near May, Idaho". The State Reclamation Engineer approved the application a few days later. Appellant some 18 months later submitted proof of completion of works, and sought to submit proof of application of the water...

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