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SMITH v. KING CREEK GRAZING ASS'N

No. 14223.

671 P.2d 1107 (1983)

105 Idaho 644

Delmo SMITH and Mada Smith, husband and wife, Plaintiffs-Respondents, v. KING CREEK GRAZING ASSOCIATION, an Idaho Corp., Defendant-Appellant.

Court of Appeals of Idaho.

October 31, 1983.

Attorney(s) appearing for the Case

R.M. Whittier, Whittier & Souza, P.A., Pocatello, for defendant-appellant.

Randall C. Budge, Racine, Olson, Nye, Cooper & Budge, Chartered, Pocatello, for plaintiffs-respondents.

BURNETT, Judge.

The question presented is whether the owners of a farm are entitled to relief from the flooding of their fields by water originating in a spring located on higher property. The farmers, Delmo and Mada Smith, brought this action when King Creek Grazing Association improved and developed a spring on its higher ground. King Creek used the augmented supply of spring water for consumption by its cattle. During...

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