Imperial Valley press., 1908-05-09

reach Salton Lake, as it then existed, reaching up to within or miles of the northern boundaries of the valley because of the impossibrity in such large system. of accurately adjusting di- version to consumption, and I am of opinion that the amount SO reaching said lake, if the diversions be carefully and prudently regulated with view only to irrigation and other lawful pur- poses, is not in excess of the substantial needs of the valley.
 Power a Substantial Need.
 am also of opinion, that the securing of silt from the canals and the operation of Che Houon power plant are Lawful purposes" and, that water in reason able quantities, used therefor although uconsumed, is not in excess ot the sub stautal needs of the settlers in the val ley.
 Generally speaking if the defendant supplies water in a reasonable and prud- ent manner for irrigation, the generation of power to furnish light ice and other couveniences of life, or for any other lawful purpose, and there naturally re-
  such flow is as much part of the sub stantial needs of the settlers as the wa ter actually or visibly consumed in such uses.
 It has not been made to appear to my satisfaction, that the diversions com plained of were in excess of the substan- tial needs of the settlers of the Imperial Valley, or that any of the water from defendants canal has flowed into Salton Lake so as to substantially increase or maintain the amount of water therein or prevent decrease thereof by natural causes. On the contrary, the showing made by the respondent Herman, which seems eminently full and fair, satisfies me. that while more water than was ac- tually consumed has been diverted by defendant, yet such diversion naturally appertained to a prudent and reasonable administration of defendants system and was not "in excess of the substan- tial needs of the people dependent upon the canal" and, that Salton Lake, not withstanding all the water which has flowed into it from every source for the past year, from March 1st, 1907, to March 1st 1908, has fallen approximate ly l5 inches, and, that it would require a constant flow into the lake of 300 second feet Is days to raise the lake two inches, and in that time the diminution by evap- oration and other natural causes would be ten inches, so that there would be an actual decrease of eight inches.
 The prohibition of the decree against any flow upon complainant's land, as l have already shown, was not intended for present conditions. If, however, it's applicability to said conditions were con- ceded, I should be compelled to hold that it has not bene shown, tbat any of the water which has flowed from defend ants canal into Salton Lake since the 10th of January last, has reached com plainants land. Compliments conten- tion, that water, however small it's quan- tty, turned into Salton Lake at point 40 or 50 miles distant from complain ants land, is turned upon complain ants land, finds no sanction whatever in the decree
 From the foregoing views it results, that the diversions complained of were not violations of the injunction, and the rule against the respondents will accord ingly be discharged.
 OLIN WELLBORN, Judge.
 Brown and Haven Discharged.
 In the matter of the contempt of J. Stanley Brown and F. G. Ravens, the court says in part:
 Under these circumstances, and those below stated, I think, that the technical contempt which is the only offense re- spondents have committed, may rightful- ly be condoned, without further notice than already given it, through the pres ent inquiry.
 The rule agianst the respondents will be discharged