Home/Idaho Supreme Court/Simonson v. Moon

Simonson v. Moon

237 P.2d 93, 72 Idaho 39, 1951 Ida. LEXIS 218
CourtIdaho Supreme Court
DecidedOctober 16, 1951
Docket7726
StatusPublished
Cited by14 cases

This text of 237 P.2d 93 (Simonson v. Moon) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Simonson v. Moon, 237 P.2d 93, 72 Idaho 39, 1951 Ida. LEXIS 218 (Idaho 1951).

Opinions

TAYLOR, Justice.

The plaintiffs (respondents) are the owners of the Northwest quarter of Section Thirty, in Township Four South, of Range Thirty-two, East of the Boise Meridian, in Bingham County, and 95.6 inches of water represented by 153 shares of stock in the Aberdeen-Springfield Canal Company. The defendants (appellants) Moon are the owners of the Northeast quarter of the Southwest quarter and Lot Three of the same section, bordering plaintiffs’ property on the south, and 48.2 inches of water represented by 77.1 shares in the same canal. The defendants Wells are the owners of the West half of the Northeast quarter and the West half of the East half of the Northeast quarter of the same section, bordering plaintiffs’ property on the east, and 39.4 inches.of water represented by 63 shares in the same canal. The Low-Line Branch of the company’s canal runs diagonally through plaintiffs’ property in a northeast-southwest direction. The annexed plat portrays the relative location of the lands of the parties, the canal and ditches in question.

All three of the parties take their water for irrigation from the canal at point A. The plaintiffs use the ditch from A around [42]*42to D by cutting the banks, and by checks placed at various points between A and B. They also use the ditch B-E by use of cuts in the banks. Water for the Wells land is diverted at C and D. Water for the Moon land is diverted, by means, of the ditch B-E, at point E, and also through the ditch B-Y-C-D, at point D. In an effort to improve their land the plaintiffs Simonson sought and obtained the approval of Moon to the elimination of another ditch which formerly extended from the main lateral at a point near X south to point F, and at that time they extended the ditch from E to' F for Moons’ use. They also extended the drain which runs through-the Moon property and into the plaintiffs’ lands from thp south, so that it cuts through the main [43]*43lateral at point X, and extends to the north. In this operation the lateral at X was removed and the water conveyed across the drain by means of a syphon or pipe. Continuing their improvements in 1948 the plaintiffs built a new ditch from point D to E and cut off the ditch B to E, intending to remove the entire ditch and require Moons to take their water through the ditch B-Y-C-D, to E and F as thus extended To this Wells and Moon objected, and the latter charged plaintiffs with a misdemeanor in the cutting of the ditch B-E. The plaintiffs thereupon brought this action seeking to restrain defendants Moon from further prosecution of the criminal complaint, and the defendants Wells from using the main lateral to convey more than 39.4 inches of water, and all of the defendants from interfering with plaintiffs in the removal of the branch lateral B-E. The defendants filed a joint answer and separate cross complaints, admitting the ownership of the lands and water rights as alleged by the plaintiffs and as outlined above, except that defendants deny plaintiffs’ right to use the main lateral beyond B. They allege that they are the owners of rights of way through the main lateral to the points C, D and E for the conveyance of up to 70 inches of water by defendants Wells and up to 100 inches by the defendants Moon. The defendants also claim these same ditch rights by adverse possession and use for more than five years. They also allege that the main lateral from B around to C and D will not carry more than 100 inches of water and will not carry their combined streams. They also complain that the plaintiffs in constructing the drain have cut off their access to the upper part of the lateral with horses and equipment for the purpose of cleaning and maintenance. The defend-' ants Moon further allege that they are the owners of a right to convey their water through the branch lateral B to E. The defendants Moon also claim damages to their grain crop during the season of 1948 by reason of the cutting of the branch lateral B-E. The defendants Wells claim damage to a potato crop during the season of 1948 by reason of the cutting of a dam in the lateral at C by the plaintiffs and consequent flooding.

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Simonson v. Moon
237 P.2d 93 (Idaho Supreme Court, 1951)

Cite This Page — Counsel Stack

Bluebook (online)
237 P.2d 93, 72 Idaho 39, 1951 Ida. LEXIS 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simonson-v-moon-idaho-1951.