Glenn Dale Ranches v. Norris Shaub

This is a water rights case which also involves issues of civil procedure. Plaintiff-respondent is an Idaho corporation which
farms approximately 555 acres in Twin Falls County, 395 of which are irrigated. Of the 351 inches claimed for this purpose,
250 miner's inches of water are obtained from a stream known as the "Mendini Tunnel" or "J-3 Coulee." In 1968, respondent
brought an action to quiet its alleged title to 230 miner's inches of water from the stream, and to enjoin other users from
diverting more than their alleged shares. Subsequently, it moved for an injunction temporarily restraining appellant from
diverting more than 10 inches from the stream. Respondent conceded those 10 inches to appellant by virtue of an agreement
between the parties' early predecessors. However, appellant counter-claimed for 50 miner's inches by prior appropriation,
or by prescriptive right deriving from continuous diversion of that amount by his immediate predecessors for more than five
years. Appellant was temporarily enjoined from diverting more than 10 inches from the stream. At subsequent hearings, held to show
cause why a permanent injunction should not issue and to determine the equities of the parties, appellant adduced testimony
that his predecessors had diverted up to 50 inches since 1936. Respondent's evidence rebutted that claim and showed that each
year, up to the year immediately preceding the first hearing, it had physically interfered with delivery of more than 10 inches
to the Shaub farm when the water was needed at the Glenn Dale Ranches. Respondent further claimed that 10 inches from the
stream, combined with 60 inches which appellant drew from the Twin Falls Canal Company system, were more than adequate for
the 54 irrigated acres on his 80 acre farm. When the hearings terminated, the court permanently enjoined appellant from diverting
more than 10 inches.