Holden v. Weece

Ricky and Kimberly Holden appealed an order granting a water right to their neighbors Jackie and Teresa Weece. . In 1999, the Holdens constructed a well on a portion of their property (Lot 17) and obtained a licensed water right. In 2000, the Holdens built a residence on another portion of their property (Lot 16) which included a sewage disposal system connected to the well. In 2001 the Holdens sold Lot 16 to a friend, Loree Saunders. As an accommodation for the sale, the Holdens and Saunders entered into a joint well use agreement allowing Saunders to utilize the well on the Holden’s property. Later, in 2001, Saunders’s lender bank foreclosed Lot 16. The Weeces acquired Lot 16 from the lender in 2005. The Holdens and the Weeces continued to follow the joint well use agreement to provide water to Lot 16; however, a dispute arose in 2015 regarding the Weeces use of such water. The Holdens claimed the district court erred in adopting the findings of fact and conclusions of law contained within a special master’s Report and Recommendation and that the priority date of the Weeces’ water right, recommended by the special master and adopted by the district court, was clearly erroneous. Finding no reversible error, the Idaho Supreme Court affirmed the district court’s order. View "Holden v. Weece" on Justia Law