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CANYON VIEW IRRIGATION v. TWIN FALLS CANAL

No. 13174.

619 P.2d 122 (1980)

101 Idaho 604

CANYON VIEW IRRIGATION COMPANY, a corporation, Plaintiff-Appellant, v. TWIN FALLS CANAL COMPANY, a corporation, its Board of Directors, Jose Barinaga, Thomas Olmstead, Fay Frahm, William L. Watt and William Rude: and its Manager, Clifford Montgomery, Defendant-Respondents.

Supreme Court of Idaho.

Rehearing Denied November 26, 1980.

Attorney(s) appearing for the Case

John C. Hepworth, of Hepworth, Nungester & Felton, Buhl, for appellant.

Thomas G. Nelson, of Nelson, Rosholt, Robertson, Walker, Tolman & Tucker, Twin Falls, for respondents.

Paul M. Beeks, of Smith & Beeks, Twin Falls, amicus curiae.

Walker & Spink, Twin Falls, for amicus curiae Bell Rapids Mutual Irrigation Co.

BAKES, Justice.

In this case we address several significant questions presented by the attempt of one irrigation company to condemn a right to enlarge and use a portion of another irrigation company's existing canal system.

Plaintiff appellant Canyon View Irrigation Company (CV) and defendant respondent Twin Falls Canal Company (TFCC) are non-profit irrigation companies. TFCC currently operates canals on an easement granted to TFCC's predecessor by the State...

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