The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-11-25
filled in the Superior Court
Today
INVOLVES THE WALlA WAtlA RIVER
suit Brought by Lowden Irrigation
Company Against WaIIa WaIIa Ir-
rigation Company.

pr0DdDtN Oue vi tAO ldI 6CSt w dIcI
suts brought in Walla Walla county
for many years was filed in the super
ior court today, by G. M. RAIDER and
viii R. King, as attorneys for the Low
den Irrigation company, and thirty
1--WE other plaintiffs, all the plaintiffs
being farmers on the Walla Walla
river in the State of Washington. The
suit is brought against the Walla Walla
irrigation company, of this county.
This company is the owner of what is
known as the ''Burlingame Ditch" be-
ing a large canal constructed a few
Years ago tapping the Walla Walla
river and furnishing several thousand
inches of water to various farmers in
both the states of Oregon and Wash
ington. including what is known as the
"Gardena Settlement
Many Plaintiffs.
The plaintiffs. which include nearly
all farmers below the Burlingame
ditch to Lowden station, allege, in eff
feet. that the owners of this ditch.
the defendant. has been during the
past three years diverting large guam
titles of water from the Walla Walla
river above their farms and conduc-
ting it away from the river to non
riparian lands in such manner that it
never returns to the river, thereby
materially interfering with the irri.
CATION Of plaintiffs farms; and that,
at times during the low water season
the entire flow of the river, is taken
from the plaintiffs, by defendant,
which is alleged to be without right;
and the plaintiffs accordingly ask
for perpetual injunction restrain
Ing defendant from interfering with
the flow Of the stream to their prem
iSes.
About half of the plaintiffs claim
as riparian proprietors and the re-
e mainder allege that their appropria-
ton is prior in time and right.
Interesting Litigation.
This promises to be very interest
ing litigation on account of the many
interests involved, as we'll as the
value of property depending on the
result of the contest, as the Burling-
ame ditch alone is claimed to have
III llS NOA0tl uCJlOu IllOIC Ihdl
one hundred thousand dollars; and
ne Lowden company, one Of the
palnuffs owns at least 5000 acres of
lands on the river.
Inc attorneys for the plaintiff, Mr..
nader and Mr.. King. also have two
oner suits pending for persons on the
oregon side of this diver, being at
ww,rneys for plaintiffs in both cases.
5ue nrSt case being brought by the
lF,eacock Mill company, of which J.
= lam OF this city is president, against
Ie Milton Ditch Co, Milton City,
"Lu ABOUT 800 persons above the mill
NJ VI lhe river, which suit was filed last
tro'sihoer. About six months ago
ue second suit was filed in Umatilla
soul!y by the Walla Walla River r.
,isauon Union, and forty persons, as
mdn'lffs, against Milton City, and all
bieISohS above them on the river max
S s IN all over four hundred other
0efendants
~, Water Right War.
N"h these two suits on the Ore
son slGe and the one filed today on
oay mg washington side, makes practi-
tSN me entire stream at war over
NJ, NE 'sht to use of the water in the
rt.} maua Walla river, in both states,
,a rnicu VIII no doubt settle in the
VTI a, Iuture all rights on the stream.
5o- ne state engineer of Oregon, un-
ina ~. lne direction of the court. is max
tiro t9 photographic survey of the en-
vbi., IFer and vicinity in Oregon,
n,ato5 e9 Ine attorneys say will be COM
wbioI bH some time in January, after
viii Tl'I tlme the evidence in both suits
VIII be taken.
a. me plaintiffs in the suit filed to-
WI ". IN this county against the Walla
ron.s na irrigation company are: The
CsrsDeh C~Ieh Company, Corporation, The
Mn NI City Irrigation Company, F.
MAJ ronden F. NJ. Lowden, Jr., Mary
- C.s T. Lowden. NJ. ]. Lowden, l.. A.
G T"; NJ Henry Mang, J. J. Spencer,
Ho,na Rader, L. J. Reavis, Adolph
omn n d. Bergevin, Eva Harer, Jer-
J " Neser, Al Sanders, ]. l.. Barrett,
ert y Laulton. Amy E. Daulton, Rob-
Svon;; D; McNeal, Ermund Leroy, M. w.
lams le; Claqs Traville, M. M. Will
A .. Deas Sinkler, Ed. Krumbah.
] pend1er, H. R. Keylor, Margaret
Per- no"man, George Perry, Palmer,
Chas,, Emma Gagnon, Ella Maiden,
nev barney, minor, Harlow Bar
or minor. Clarence Barney, min
Ella Maiden, their guardian.