Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1908-11-20
Garfield Says Settlers
Must Make Payment
December First
Spirit of the Law Clearly Violated
by Arbitrary Ruling
Tiers in Hard Luck

The decree has gone forth from the
Interior Department that the water
payments due the Reclamation Service
from settlers on the Minidoka tract on
the first of December must be paid
when due or the land will be forfeited
together with all improvements there
on.
There are two reasons given for this
decision, the first being that further
extension of time would establish a
precedent that would be detrimental to
the service, and the second reason
being that more money is needed to
further prosecute the work on the
project.
The Reclamation Service assumes
that water was supplied the settlers on
the Minidoka tract for the season of
1907 but the settlers deny this, averring
that the water came to them too late
in the season to be of any material use
in the making of crops, and hence no
water payments were due from them
on the first of December, 1907. And
the settlers further aver that owing to
defective latterals no adequate supply
of water was furnished them by the
service during this present season.
Section of the Reclamation Act. (32
Stat. 3sS) provides; That annual in
tallments shall be paid to the receiver
of the local land Office of the district
in which the land is situated and a
failure to make any two payments
when due shall render the entry sub
ject to cancellation with the forfeiture
of all rights under this act, as well as
any moneys already paid thereon"
1t will be seen from the reading of
the statute that no forfeiture is con-
templated till the second annual pay
ment is in default And herein lies
the point at issue between the Recla-
nation Service and the settlers on the
Minidoka tract. If water for irriga-
tion was furnished the settlers on the
tract to all intents and purposes of the
law for the season of 1907, then the
first pay nent was due from them on
the first of December. 1907. and the
second payment on the first of Decem-
ber, 1908.
1t is well established custom among
the Carey Act Companies of Southern
Idaho that water must be delivered on
the irrigated projects by the first of
April in order that the farmers may
have the full benefit of the seasons
irrigation supply for the raising of the
varied crops for which the country is
adapted. The Twin Falls North Side
Company delivered water in unlimited
quantities on the Miner tract on the
first of April, 1908, and they advertise
to turn the water on the Jerome tract
on the first of April, 1909, and the
multitude of settlers on the tract
would consider the Company derelict
and themselves sadly handicapped if
water should be delayed for thirty days
after the contract time for delivery.
The Idaho Irrigation Company are
promising water on the Alberta tract
and on the South Gooding tract by the
first of April. 1909. and no one doubts
their ability to keep the promise.
Again referring to the Minidoka
tract and the point at issue between
the Reclamation Service and the set
Ties on the tract, it will be seen that
the government is sadly in default for
no water for irrigation was furnished
till some time in June, 1907, and then
the supply was spasmodic and INSULT
clent for the raising of crops ty irri- (
cation.
Take, for instance. the testimony of I
Z. G. Isenberg, Deputy Clerk and I
Auditor of Lincoln county. Mr.. lsen-
berg took an eighty acre claim near
the city of Hepburn in the summer or
spring of 9O5, with the understanding s
that water for irrigation would be fur
nished by the Reclamation Service for
the season of 1895 Now bear in
mind that many of these settlers took
their claims the previous year with the
understanding that water would be
furnished them for the season of 1905
or 1906 at the latest. These settlers
spent all their means in making inn
proyements on their claims and in
making living for their families