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CROW v. CARLSON

No. 14946.

690 P.2d 916 (1984)

107 Idaho 461

Steven M. CROW and Cynthia Crow, husband and wife, Plaintiffs-Respondents, v. Ronald CARLSON, Watermaster of Water District No. 1 of the State of Idaho, Defendant-Respondent, and Ray Gordon and Mary Jean Gordon, husband and wife, and any other unknown parties who claim any interest in water rights which would be adverse to a grant of 120 inches of Fox Creek with a priority date of 1890 for use in the SW 1/4 of Section 27, Township 4 North, Range 45 East, Boise Meridian, Defendants-Appellants.

Supreme Court of Idaho.

October 31, 1984.

Attorney(s) appearing for the Case

Ray W. Rigby, Rexburg, for appellants.

Lynn Hossner, St. Anthony, for plaintiffs-respondents.

Jim Jones, Atty. Gen., and Lynn E. Thomas, Sol. Gen., State of Idaho, Boise, for defendants-respondents.

SHEPARD, Justice.

This is an appeal from a judgment quieting title to water rights in the plaintiffs-respondents Crow. The dispute involves certain water rights in Fox Creek north of Victor, Idaho, in the vicinity of Rexburg. In 1910, 120 miner's inches of the waters of Fox Creek were decreed to one Michael Byrne, with a priority date of 1890. That water was decreed as appurtenant to 240 acres of land, 160 of which were in...

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