Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1907-12-06

Probably the biggest lawsuit in the
history of the state is now going on
here in Lincoln county the case Of S.
C. Frost, ct al, vs.. the Alturas Water
Company ct al.
Briefly, the case is for an adjustment
of the water rights on the Big Wood
river and its tributaries, and for court
decree as to the water rights claimed.
Once decreed, the river viii be dis
tricted, and the courts will enforce the
findings according to the evidence in
granting the decree, giving each claim
ant the water to which he is entitled.
There is far more water in Big Wood
river, taking the whole year, than can
possibly ever be used for irrigation on
the ground susceptible of irrigation
from this stream. To reservoir the
water, it will be far more than sufici-
ent for all possible demands but at the
height of the irrigating season when
everybody wants water, there may be
a shortage. New farms are being
opened up from year to year and all
these look to the river for water. In
consequence the river may go dry down
towards the mouth before the oldest
and presumably better water rights
have been served.
There are many old farms on the
lower river which have been irrigated
for many years. In point of time and
of right the first comers should be first
served. But in practice, each new
conner, going farther and farther up
the river, claims his full filing of water
If each man takes out all that ne claims
and there is not enough of the regular
flow to supply all, of course it is the
older farmer, farther down the stream,
who is cut short. This is the case until
the water is apportioned by court de-
cree. Then a system Of gates is in
stalled, ditch rider put on who sees
to it that no one shall take more than
he is rightfully entitled to, and there
is a legal power to enforce the court
decree.
The older farmers have a good many
grounds on which to make their fight
First is their priority which ought to
be prima facie evidence Of their right
to the water. Then. some of the other
claimants, claiming more water than !:
they can use. turn their waste water
so it runs across into Little Wood river,
taking it from the channel where it
belongs.
The river has been claimed for more
han the normal capacity of the stream ,
Turing the irrigating season, and by :
.eason of their being where they can
axe it by force the upper claimants !
ret their full supply instead of even !
Iividing pro rata for the shortage. In y
fleet, it puts the older settlers, the :.
nen with the first rights which were "
.equired legally, at the mercy of the
atest conner who may have come in no
ater than yesterday. This is the argu-
nent of the plaintiffs. H
While it is not in any sense friendly
nit. it is a legal adjustment Of the
ights of all claimants for the purpose
f decreeing the water and getting a
asis for the enforcement Of the rights tv
f all parties. ou
The number of parties made defend nc
ITS is the one especially notable fea- IA
IRE of the case. There are more than ba
No of these while the plaintiffs number fe
bout twenty Of the older farmers on wl
,e lower river Not less than a score a..
lawyers are engaged to represent ha
,e or more clients each. Hawley, Cir
lckett & Hawley Of Boise. and Paul col
addock of Shoshone, represent the sh'
aintiffs, and practically every other he
wyer between Haley and Boise is rec
terested for some one or ones Of the
PENDANTS. eai
Whatever may be the outcome of the
Sc, it will not affect the water sup mu
of the Big Wood River irrigation sou
,iect of the Idaho Irrigation com Tn
ny. Theirs being a storage water but
position. { hey have the unchallenged ear
int to the water of the river during no,