Concerning the Application for Water Rights of Charles W. Tidd and Barbara T. Tidd David L. Frees, George A. Frees…

Summary

The court affirmed a conditional decree granting the Tidds a junior, non-consumptive hydropower right to divert 0.41 cfs from Garner Creek at the headgate of the Frees’ senior irrigation ditch. It held that the Tidds’ right was legally distinct from the Frees’ irrigation right, that water could be available for the junior use when decree conditions prevented injury to the senior right, and that the Tidds could alter the ditch easement after obtaining a court declaration protecting the Frees’ interests.