[DOWNLOAD] "Boehler v. Boyer Et Al." by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: Boehler v. Boyer Et Al.
- Author : Supreme Court of Montana
- Release Date : January 09, 1925
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Water Rights ? Title by Prescription ? Adverse User ? Essentials ? Evidence ? Insufficiency ? Burden of Proof ? Place of Measurement of Water. Water Rights ? Adverse User ? Essentials. 1. To constitute the user of water "adverse," it must have been an invasion of the right of the party against whom it is asserted, ? the claimant must prove by a preponderance of the evidence not only that his use has been open, notorious, continuous, adverse and exclusive and under a claim of right for the statutory period of ten years, but that the party against whom it is set up had need of the water during that period and that the use was such that the latter could at all times have maintained an action against him. Same ? Adverse User ? Evidence ? Insufficiency. 2. Testimony that a party relying upon an adverse user of water always used all the water he needed and that no one ever objected to such use is not sufficient to establish adverse user, in the absence of a showing that the party against whom it was asserted had need of the water at the time the claimant was using it. - Page 473 Same ? Adverse User ? Burden of Proof. 3. The burden of proving an adverse user of water rests upon him who alleges it. Same ? Gravelly Soil ? Award of Two Inches Per Acre Justified. 4. Where land was rocky and gravelly and little use could be made of a less quantity of water than that furnished by an irrigating head an award of two inches per acre was justified. Same ? Place of Measurement of Water. 5. In the absence of a rule as to where in adjudicating a water right the court shall direct measurement to be made, a decree directing the water to be measured half a mile below the head of the ditch of the party to whom it is awarded instead of at the point of diversion, was not error.