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GILBERT v. SMITH

No. 11949.

552 P.2d 1220 (1976)

97 Idaho 735

Don W. GILBERT et al., Plaintiffs-Appellants, v. Merlin SMITH and Earlene Smith, husband and wife, and all other persons claiming an adverse interest to the water rights of Beaver Dam Creek, Densmore Creek and Birch Creek, tributaries of the Bear River, Defendants-Respondents.

Supreme Court of Idaho.

August 5, 1976.

Attorney(s) appearing for the Case

Gus Carr Anderson, Pocatello, for plaintiffs-appellants.

L. Lamont Jones, Pocatello, for defendants-respondents.

SHEPARD, Justice.

This is an appeal from a declaratory judgment involving the water rights on three streams within Township 11 South, Ranges 39 and 40 E.B.M. in Caribou County, Idaho. Involved are the waters of Birch Creek and Densmore Creek which, according to the testimony on behalf of all parties, are tributaries of and flow into Beaver Dam Creek which in turn is a tributary of Bear River.1 All parties to this action are owners or contract...

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