Williamson v. Brummett

Idaho Supreme Court

Williamson v. Brummett

591 P.2d 1089, 99 Idaho 922, 1979 Ida. LEXIS 390

CourtIdaho Supreme Court

DecidedMarch 5, 1979

DocketNo. 12765

StatusPublished

This text of 591 P.2d 1089 (Williamson v. Brummett) 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

Williamson v. Brummett, 591 P.2d 1089, 99 Idaho 922, 1979 Ida. LEXIS 390 (Idaho 1979).

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Opinion

PER CURIAM:

This is an appeal from an injunction issued by the district court enjoining the appellant from further pumping of irrigation water from the Weiser River during the 1977 irrigation season. The respondent’s claim before the district court was that appellant had used all of his storage water rights in Crane Creek Reservoir for the 1977 irrigation season and therefore had no further claim to water.

The issue before the district court was the proper interpretation of paragraph IV of the agreement executed by the various owners of storage water rights in Crane Creek Reservoir. The Crane Creek Reservoir Administration Board had interpreted paragraph IV of the agreement to prohibit the Class “B” stockholders from carrying over their unused storage from one year to the next m contravention of the rights of Class “A” stockholders. The district court affirmed the interpretation of paragraph IV of the agreement made by the Administration Board and concluded that in a year when the Crane Creek Reservoir did not fill to its capacity the Class “A” shareholders were entitled to all of their water rights before the Class “B” shareholders were entitled to any water.

We have examined paragraph IV of the agreement, which both parties assert governs the respective claims to water of the Class “A” and Class “B” stockholders in the reservoir, and conclude that the district court did not err in its interpretation of that provision.

Affirmed. Costs to respondent.

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PER CURIAM:

This is an appeal from an injunction issued by the district court enjoining the appellant from further pumping of irrigation water from the Weiser River during the 1977 irrigation season. The respondent’s claim before the district court was that appellant had used all of his storage water rights in Crane Creek Reservoir for the 1977 irrigation season and therefore had no further claim to water.

The issue before the district court was the proper interpretation of paragraph IV of the agreement executed by the various owners of storage water rights in Crane Creek Reservoir. The Crane Creek Reservoir Administration Board had interpreted paragraph IV of the agreement to prohibit the Class “B” stockholders from carrying over their unused storage from one year to the next m contravention of the rights of Class “A” stockholders. The district court affirmed the interpretation of paragraph IV of the agreement made by the Administration Board and concluded that in a year when the Crane Creek Reservoir did not fill to its capacity the Class “A” shareholders were entitled to all of their water rights before the Class “B” shareholders were entitled to any water.

We have examined paragraph IV of the agreement, which both parties assert governs the respective claims to water of the Class “A” and Class “B” stockholders in the reservoir, and conclude that the district court did not err in its interpretation of that provision.

Affirmed. Costs to respondent.

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Bluebook (online)

591 P.2d 1089, 99 Idaho 922, 1979 Ida. LEXIS 390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williamson-v-brummett-idaho-1979.