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SAVAGE DITCH WATER USERS v. PULLEY

No. 19616.

869 P.2d 554 (1993)

125 Idaho 237

SAVAGE LATERAL DITCH WATER USERS ASSOCIATION; George A. and Billie Pulley; George W. and Elizabeth Stephens; Thomas and Karen Helzer; Norman and Vicki Alicea; Charles W. and Twyla Jones; Ronald L. and Debra L. Jordan; Johnson E. Smith; John Savage; and Kenneth and Wanda Van Dorn, Plaintiffs-Respondents, v. Toni E. PULLEY, a single woman; and Jerry Pulley, Defendants-Appellants, v. SAND HOLLOW DITCH CO., LTD.; and Last Chance Ditch Company, Ltd., Thirdparty Defendants-Respondents.

Supreme Court of Idaho, Boise, February 1993 Term.

Rehearing Denied March 25, 1994.

Attorney(s) appearing for the Case

Givens, Pursley, Webb & Huntley, Boise, for appellants. Robert C. Huntley, Jr., argued.

Hawley, Troxell, Ennis & Hawley, Boise, for respondents Savage Lateral Ditch Water Users Ass'n et al. Albert P. Barker, argued.

Louie Gorrono, Emmett, for respondents Sand Hollow Ditch Co., Ltd.

Park, Costello & Burkett, Caldwell, for respondents Van Dorn. Sergio A. Guitierrez, argued.

SCHILLING, Judge Pro Tem.

I.

BACKGROUND AND PRIOR PROCEEDINGS.

Respondent Last Chance Ditch Company possesses water rights in the Payette River. Its water is distributed by irrigation canals and lateral ditches, one of which is called Sand Hollow Ditch. Respondent Sand Hollow Ditch Company is responsible for maintenance of some lateral canals flowing off of Sand Hollow Ditch, including the Savage Lateral Ditch. The Savage Lateral is located near...

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