Opinion
No. 7144.
December 21, 1944.
Appeal from the District Court of the Eleventh Judicial District of the State of Idaho, for Cassia County. Hon. James W. Porter, Judge.
Appeal from decree of the district court granting application, with restrictions, to change the points of diversion and place of use of certain of the waters of Raft River and its tributary, Cassia Creek. Affirmed in part, reversed in part, and remanded with instructions.
Bert H. Miller, Attorney General, and Bissell Bird for appellants.
S.T. Lowe and Kales E. Lowe for respondent.
John A. Carver, United States Attorney for the District of Idaho; E.H. Casterlin, Assistant United States Attorney, and Ariel L. Crowley, Amici Curiae.
The above entitled cause was consolidated for trial with the case of Beecher et al v. Cassia Creek Irrigation Company, Inc., a corporation, et al. Separate findings of fact, conclusions of law, and decree were made and entered in each case, and appeals separately prosecuted. The evidence, so far as the material questions involved are concerned, is substantially the same, and no useful purpose would be served by the preparation of two opinions.
The above entitled cause is governed and controlled by Beecher et al. v. Cassia Creek Irrigation Company, Inc., et al., ante p. 1. Similar decree will be entered herein and when so entered, affirmed.
Ailshie, J., concurs in the conclusion.