Glavin v. Salmon River Canal Co.

2 Citing cases

  1. American Falls Reservoir v. Dept. of Water

    143 Idaho 862 (Idaho 2007)   Cited 32 times
    Discussing the history and purpose of the CM Rules

    This Court has invalidated a rule adopted by a canal company that allowed an individual shareholder of the company to hold-over his allotted share of stored water free from limitations, which reduced the allocated amount of other shareholders. Glavin v. Salmon River Canal Co., 44 Idaho 583, 258 P. 532 (1927). The Court invalidated the rule based on "possible abuses," such as a situation where a shareholder does not require the full use of his allotment, but he carries it over to the detriment of others.

  2. Washington County Irr. Dist. v. Talboy

    55 Idaho 382 (Idaho 1935)   Cited 19 times
    Holding that when water is stored, it becomes "the property of the appropriators ... impressed with the public trust to apply it to a beneficial use"

    " Respondents rely on the case of Glavin v. Salmon River Canal Co., 44 Idaho 583, 258 P. 532, in support of the contention "that the minute appellant was unable to use the water (stored) in any year, it then became public unappropriated water," and that respondents might thereupon use it without let or hindrance and without liability therefor to appellant. The Glavin case is not controlling here.