The herald., 1893-11-10
AN IRRIGATION CONSPIRACY.
Serious Charges Against Tulare
Water Companies.
A Sensational Suit Now in the United
States Circuit Court.
Five Millions OF Dollars InvoI ved-The
Ownership Of the Water OF St..
Johns River-An Injunc-
tton Denied.

Cornelius F. Buckley, by his attorney,
Henry E. Hiphton, has filed with the
clerk of the United States circuit court
in this city sensational complaint
against the Tulare Irrigation district,
the Tulare Irrigation company, the
Lakeside Ditch company and the Set
tiers Ditch company, involving property
and rights said to be worth about
$4,000 900.
Cornelius F. Buckley, the complain
ant, is the owner and occupant OF about
5000 acres OF land in Tulare county, To-
Gated in close proximity to stream OF
water known aH st. Johns river. He is
also the owner of two irrigation bitches.
known as the Hyde ditch and the Man
ming q McLerie ditch, which for 10 years
have been used in carrying water from
the river to that tract of land.
The water no longer flows through
those two bitches in sufficient quantity
to.irrigate Mr.. Buckley's land, and for
that reason he complains to the court.
For years the land has yielded abund-
ant crops OF fruits, grain and other crops,
but now it is about to become practically
unfit for agricultural or grazing pur-
poses. and will be almost wholly worth
less and valueless.
In May, 1875, the board OF supervisors
of Tulare county, sitting as board Of
water commissioners, granted permis-
sion to certain pereons to construct the
HYDE ditch, and to supply the same
with water from the st. Johns river.
The ditch WAS at once constructed, and
since that time the lands adjacent have
been irrigated continuously.
During the month OF May, 1883, Man.
ming u McLerie were granted the right
to construct another ditch leading from
the St. Johns river through the lands Of
the complainant, and were authorized
to appropriate sufficient water for agri-
cultural and irrigation purposes.
BUCKLEY BOUGHT THE DITCHEs.
The complainant Buckley purchased
all the right, title and interest held by
Others in the two bitches and became
their sole owrers the bitches being
valued at SAC, 900.
The complaint alleges that during the
year 1891. the Tulare Irrigation district,
without consent of the complainant,
constructed large ditch, commencing
a. point on the st. Johns river about
than the point OF commencement of the
HYDE ditch and about 12 miles nearer
the source than where the Manning &
McLerie ditch commenced.
1t is charged that during the year
1892 and continuously thereafter the
TuIare irrigation district has diverted
and appropriated from the river through
that ditch 500 cubic feet of water per
secold, and because OF it the complain
ant is unable to obtain any water for
his bitches except in times OF flood,
although he is entitled of right to half
the flow down the river in and through
the bitches owned by him.
Prior to 1875 ditch known as the
ketchum was constructed, starting from
the st. Johns river, about IA miles
nearer the source of the river than the
commencement place OF the complain
ants bitches. During 1876 the Tulare
Irrigation company became the owner of
that ditch, and at once proceeded to
enlarge it until it became two or three
times its original capacity, and it is now
capable OF carrying nearly all the water
flowing in said river at the place where
the ditch commences.
A CONSPIRACY is ALLEGED.
The complainant alleges that during
the year 1885 the Tulare irrigation die
trict. the Tulsre Irrigation company,
the Lakeside Ditch company and the
Settlers Ditch company entered into a
conspiracy to permanently destroy the
rights and privileges enjoyed by the
complainant, and with that purpose in
view they proceeded in the following de-
scribed manner: The Lakeside Ditch
company and the Settlers Ditch COM
pany claimed to be entitled to divert
and appropriate water from the ST..
Johns river at points thereon below the
commencement OF the complainant's
bitches, and they claimed to have a bet
ter right to the water than the complain
ant, although, in fact, they were only
entitled to secondary interest.
They conspired with the Tulare Irri-
CATION company to obtain judgments of
the superior court of Tulare county ad-
judging and decreeing that the said
Lakeside Ditch company had prior and
better rights to the water in the quan.
tity claimed by them than the then
owners OF the Hyde and Manning &
McLerie bitches, and secured an injunc-
tion restraining the former owners of
the last-named bitches from diverting
the water except at such time when