The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1903-11-21
AND
THE RIDEN NBAUGH
The Subject Discussed in
General and Particular

threatens to deprive them of those
prior right. Mr.. McElroy seeks to
assure them that such will not be
the case. We think he is approach
ing the subject in the wrong wav.
The rights" which those people
seek to perpetuate, and which are
no rights at all if they conflict with
the public veal, have been ac-
quired in one of two ways, that is
by purchase or appropriation. Those
that stand upon appropriation rest
upon the mere fact that some people
settled in that locality before some
other people did and therefore pro-
pose to monopolize the water sup
| ply to the hindrance of further set
tlement and development. But the
process of settlement has heretofore
been continuous, and the application
of water to land, which alone con-
stitutes legal appropriation, has
been in such manner as to create
each year new class of priorities,
giving rise to endless complications
when it comes to a practical recog-
milton of the various classes of pri-
critics. Some, perhaps many, water
rights have been acquired by pur-
chase from the canal company.
Those would seem to have a sub
!: stantial equity, at least. But in
some cases it may not be as real as
seeming. Many purchasers of per-
petual rights were inspired, not by
a desire to secure a water right, but
/ by the fact that a certificate of right
: enabled them to grasp large bodies,
, and small bodies, of public land.
1t is of general report that by some
: those certificates we're held only
} long enough to allow of making
: oath on final proof without qualms
t of conscience, and then returned
with thanks and such other com
pensation as had been stipulated
2 In other cases a sufficient number
S of water rights were purchased to
give an air of decency to the tran
, saction. We suspect that the pur'
S chase of perpetual rights was very
: often nothing more than trick tC
v cheat the government out of its
Y public domain. But there would
= seem to be many rights based upor
f honest and substantial transactions
Y These are not in the same category
/, with rights temporarily acquired
y for questionable purposes, nor II
e the same class with rights resting
on the bare fact Of priority of ap
t propiation. They are in a clas
y by themselves, constituting actua
IS equities, and ought not, if the,
IS could, be taken without substantial
J. consideration. Such rights as thes
c Justly require special treatment ant
e do not come within the purview Q
1t this article except incidentally.
y Coming down to the present time
j. the conditions under the Rlden
or baugh seem to be that few if any {
al the prior rights people have wate
N enough to irrigate all their lane
L. They are up against the propos1tlo
50 of enlarging the canal or coming
1e a standstill in development. Th
is owners of the canal will not enlarg
S, it, because irrigation canals haV
OF ceased to be an inviting species
n commercial enterprise, since legi
latures have come to clearly unde
s. stand the meaning of the Sta
IN constitution. The prior rights Pc
es pie cannot enlarge the canal an
be there the whole business is stuc
C. fast.
ct In the light of the foundatie
be upon which priorities rest' II
IN haracter of them and the conc