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STEVENSON v. STEELE

No. 10101.

453 P.2d 819 (1969)

93 Idaho 4

Austin STEVENSON et al., Plaintiffs-Respondents, v. Roy STEELE, Asahel Fairchild, LeRoy Day and Bruce Bedke, Defendants-Appellants.

Supreme Court of Idaho.

April 29, 1969.

Attorney(s) appearing for the Case

Herman E. Bedke, Burley, for appellants.

Parry, Robertson, Daly & Larson, Twin Falls, for respondents.

McQUADE, Justice.

All of the parties to this action own certain water rights originally established by an 1894 water decree (sometimes called the "Stockslager decree") which apportioned the "waters of Basin Creek, Warm Springs Creek, Spring Creek, Bostetter Springs and Summit Creek and their tributaries."1 This controversy involves the waters of Warm Springs in particular, which rise upon appellant Steele's land and form Warm Springs Creek...

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