The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1904-06-04
POINTS FOR THE COURTS.

TO say something touching the lar
ger features of irrigation district
organizations. For the moment
statutory laws may be left out of
consideration while we inquire
what is an irrigation district? tits,
in a word, a voluntary association
of farmers for the purpose of i'm
proving their material condition.
A community of farmers own GER
tain amount of land for which there
is no available water, an insufficient
supply or supply furnished under
unsatisfactory conditions. To over
come the difficulty, or difficulties,
the people of the community get
together and form a company of
irrigators. Each land owner is a
stakeholder to the extent of the
number of acres he owns within
the boundaries of the district. The
individual water rights and privi-
leges existing separately, prior to
the formation of the district, are
merged into community rights and
privileges, upon the expectation
that through community ownership
and management unsatisfactory
conditions will be removed and ST.
perior benefits enjoyed. Whether
or not this expectation is fully or
even partially realized does not
effect the basis of organization; and
no member of an irrigation district
has moral right to set up claim
to rights and privileges, existing
prior to organization, because things
have not turned out as happily as
he expected. The moment it is
admitted that a member of an irri-
CATION district may go back of the
organization and re-establish indi-
vidual rights, over which the organ
iZation has no control, that very
moment the whole intent, purpose
and effect of irrigation districts is
destroyed, and disintegration must
swiftly follow. Under such condi-
tons, board of directors become
mere fgureheads to be bombarded
with mandamuses, injunctions and
all the pestiferous writs which law
yers can draw and courts can issue.
Every querulous, vindictive or
grasping member of the organiza-
ton will sooner or later appeal to
the courts to re-establish some real
or imaginary right. Every member
of the district will feel that no right
is valid which has not the author
ity of a special decree. The district
management will become the mere
tool of district judges to carry out
the mandates of the courts. In a
word, if the courts can establish
within irrigation districts a system
of individual water rights, unac-
knowledged by the district, and
subversive of the purpose for which
the district was organized, then the
whole business may as we'll be
turned over to the civil authorities
and have done with it. 1t, in q
case now pending in the Pioneer II.
rigation District, the courts shall
decide that individual water rights
existing prior to organization, but
legally merged into the organization
may be re-established, then we
would advise the people to never
hold another election, because, il
fact, the district court will be the
board of directors and the sheriff
will be the superintendent. It is
to be hoped that Idaho's learned
jurists will scratch under the sur
face a little before rendering any
water decisions involving irrigation
districts.
We call attention to the fact that
by a recent decision of the supreme
court of this State, a water right is
migratory property. A man may
locate it anywhere along cana
and shift it from point to point al
pleasure. Under that decision
members of an irrigation district can
compel the board of directors tc
turn out water to them at any point
they may elect, no matter if the