The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-08-18
ACTION BEEN BROUGHT IN THE
SUPERIOR COURT AT NORTH
YAKIMA.
On Result Practically Depends the
Rights Of All Canal Companies
In That Section.

ing irrigation litigation ever starteo
in the northwest has been begun in
the superior court at North Yakima.
On it's results not only depend the
rights of practically all the canals
taken out Of the Yakima river, but
also the question of whether or not
the national government will inaugu-
rate an irrigation project running in
to several million dollars in this val
ley. The government is interested in
the litigation by reason of the fact
that Chief Engineer Newell of the ir-
rigation service said in an interview in
North Yakima Monday that no pro-
ject would be undertaken there until
the rights of the irrigators in the riv-
err are settled. The government is
trying to adjust these rights without
resorting to the courts, but that now
seems to be impossible, and while the
federal authorities are only directly
interested in this litigation by three
of the Yakima reservation canals be-
in gmade parties defendant, still it will
have the effect of adjusting the water
rights.
Defendants in Suit.
The title of the suit is the Prosser
Falls Land & Power company, cor
poration, plaintiff, VS.. Washington Ir-
rigation company, Selan and Mckee
Canal company, Wapato Ditch COM
pany, Yakima Construction and Irri-
cation company, Fowler Ditch COM
pany, Mckee company, Natchez Canal
company. c. A. Bryant, Clara G. Bry-
ant E. G. Peck, Theodore Weisberger.
George Hayes, w. H. Redman, Jay
Lynch, w. H. Good, w. H. Gilbert,
G. H. Richey, Henry NJ. Lombard,
Frank Hershey, defendants.
The plaintiff company is corpora
t.on Of Yakima, of which E. F. Ben
son is president and the principal own
err. 1t is engaged in pumping water
for irrigation for the use of the city
ma river to generate power for an
electric light system and manufacture
ing purposes 1t filed on 5000 cubic
feet per second of the waters of the
river in 1898 and built a f1ume carry
ing 1900 feet It now claims $50 feet
as absolutely necessary to carry on
it's present operations.
Claims Priority Right.
All the defendants except the Wash
ington Irrigation company have con-
structed canals since 1898 and diverted
water from the river this company
being made a defendant merely to de-
fine its rights in the stream. The con-
tention of the plaintiff is that none of
the defendant companies are entitled
and when the appropriation of tine
Washington Irrigation company is ia
that these two corporations are claim
ing all the water the river carries at
it's lowest stage. The canals are all
located along the Yakima river, be-
tween the west of the Yakima Indian
reservation and the headwaters of the
stream. Seven of the defendants are
managers or lessees of three govern
ment canals on the reservation.
The plaintiff asks for a temporary
restraining order enjoining the de-
PENDANTS from diverting the water
from these rivers until the final trial
The principal of attack in the courts
at the present time seems to be the
government canal on the reservation.
The government canal takes out a
large quantity of water. 1t has been
asserted that it has been taking out
much more than is needed for the
lands under it, but that probably mas
nothing to do with this suit, which
was certain to be brought sooner or
later, as older appropriations extended
their bitches and the loss through the
reservation canal began to be felt