diversion requirement (Idaho) · Go Syfert
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diversion requirement in Idaho

5 Idaho opinions name it 1 courts 2000–2010 0 in the last five years

The cases below were cited by Idaho courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Steptoe Live Stock Co. v. Gulleygreen
nev · 1931 · cited in 2 Idaho opinions naming this issue, 2000–2000
2 sentences

2000See, e.g., Town of Genoa v. Westfall, 141 Colo. 533 , 349 P.2d 370, 378 (1960); Steptoe Live Stock Co. v. Gulley, 53 Nev. 163 , 295 P. 772, 775 (1931).

2000See, e.g., Town of Genoa v. Westfall, 141 Colo. 533 , 349 P.2d 370, 378 (1960); Steptoe Live Stock Co. v. Gulley, 53 Nev. 163 , 295 P. 772, 775 (1931).

22
Town of Genoa v. Westfallgreen
colo · 1960 · cited in 2 Idaho opinions naming this issue, 2000–2000
2 sentences

2000See, e.g., Town of Genoa v. Westfall, 141 Colo. 533 , 349 P.2d 370, 378 (1960); Steptoe Live Stock Co. v. Gulley, 53 Nev. 163 , 295 P. 772, 775 (1931).

2000See, e.g., Town of Genoa v. Westfall, 141 Colo. 533 , 349 P.2d 370, 378 (1960); Steptoe Live Stock Co. v. Gulley, 53 Nev. 163 , 295 P. 772, 775 (1931).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Joyce Livestock Co. v. United States green
idaho · 2007
2 sentences

2010What this argument obtusely refuses to acknowledge, however, is that in cases of instream stock watering, we have recognized a narrow exception to the diversion requirement because there is no need for a physical diversion when cattle owners deliver the water to their stock directly "by watering [them] in the springs, creeks, and rivers." Joyce, 144 Idaho at 8 , 156 P.3d at 509 .

2010What this argument obtusely refuses to acknowledge, however, is that in cases of instream stock watering, we have recognized a narrow exception to the diversion requirement because there is no need for a physical diversion when cattle owners deliver the water to their stock directly "by watering [them] in the springs, creeks, and rivers." Joyce, 144 Idaho at 8 , 156 P.3d at 509 .

32010–2010
State, Dept. of Parks v. IDAHO DEPT, WATER ADMIN. green
idaho · 1974
2 sentences

2000While the statute did not expressly waive the diversion requirement, this Court “deem[ed] it clear that the legislature intended no physical diversion of water be required in the appropriation of the subject waters.” State, Dep’t of Parks, 96 Idaho at 445, 530 P.2d at 929 .

2000While the statute did not expressly waive the diversion requirement, this Court "deem[ed] it clear that the legislature intended no physical diversion of water be required in the appropriation of the subject waters." State, Dep't of Parks, 96 Idaho at 445, 530 P.2d at 929 .

22000–2000

Statutes the citing opinions construe

ID § Idaho Code § 12-120 (3) ID § Idaho Code § 12-121 (3) ID § Idaho Code § 12-123 (3) USC § 42u.s.c.1983 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 18 (1990–2025) NY 6 (1977–2024) TN 6 (2010–2026) ID 5 (2000–2010) VA 4 (2009–2015) NE 2 (1990–1990) DE 2 (1958–1989)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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