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BOISE-KUNA IRR. DIST. v. GROSS

No. 17927.

801 P.2d 1291 (1990)

118 Idaho 940

BOISE-KUNA IRRIGATION DISTRICT and Boise Project Board of Control, Plaintiffs-Counterdefendants-Respondents, v. Claude GROSS, Defendant-Counterclaimant-Appellant.

Court of Appeals of Idaho.

November 26, 1990.

Attorney(s) appearing for the Case

Alexanderson, Davis, Rainey, Whitney & Kerrick, Caldwell, for defendant-counter-claimant-appellant. Ronald P. Rainey argued.

Clemons, Cosho & Humphrey of Boise and Givens, Pursley, Webb & Huntley, Boise, for plaintiffs-counterdefendants-respondents. Randall C. Fredericks argued.

SWANSTROM, Judge.

This is an appeal from a summary judgment of the district court dismissing the defendant's claim of a water right under the theory of adverse use. For reasons stated below, we affirm.

In 1987 Boise-Kuna Irrigation District and Boise Project Board of Control (hereafter Boise-Kuna) brought this action to enjoin Claude Gross from using the "Golden Drain", a collector-drain ditch, to irrigate Gross's farm. Boise-Kuna asserted that Gross had no...

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