Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1909-11-04

ne HIedI western Beet Sugar
Company's troubles were up before
the Court last week and Judge E. NJ
Wolfe stated to the Court that he
had been looking over the situation
quite carefully and discovered that
there were some features that were
not covered by any of the cases now
pending against the Company and
suggested that some person who had
purchased from the Great Western
Beet Sugar Company a water right
for which he had paid in full. but
who had never used any water or at
tempted to use water. should present
his case to the Court in the action
now pending, known as the Mellen-
Great Western Beet Sugar Company.
ct al, suit, which has been referred
to Judge Brodhead of HALEY, as ref
cree.
The purpose of such a move being
to secure a final adjudication of all
Of the questions growing out of the
sales of water rights by the Company
and to establish the true status of
the various purchasers who hold
their water rights under different
conditions.
Judge Wolfe explained that the
law of the Western states gives to the
prior user Of water a prior right to
use such water, but in case where an
irrigation system was constructed
very largely from the moneys receiv-
ed for the sale Of water rights 1t is
easy to see that the person who has
bought a water right for 100 acres
of land and paid therefore is entitled
to at least pro rata share Of
the water developed by the use
of his money. Il is not equi-
table that under the circumstances
under which the Great Western Beet
Sugar Company's system was con-
structed that two persons who pur-
chased water rights, each. say. pay
ing $9,6O0.00 for 100 acres. that the
one who has. by chance or good for
tune, put the water upon his land
should have a good and valid water
right for his 100 acres while the man
who has not yet been able to put the
water upon his land should have
nothing at all
The records show that the Com
pany has disposed CT over $4,000
acres of water rights. that less than
5000 acres have been actually used
upon the land; that the capacity of
the reservoir system as now con-
structed is not to exceed $1,000
acres; thus it will be seen that the
purchasers OF $4,000 acres. and
whose money has gone to complete
the system for the purchasers Of the
5000 acres who have used water
are under the contention OF the latter
class, not entitled to any water what
ever from the companys system.
Then what rights have they against
the Company or what are their rel
ative rights?
Then there is also another feature
Some claim that the purchasers Of
this 35. 600 acres Of water who have
not yet used it are nevertheless entit-
led to and will be able to claim water
from the system after the same may
have been completed by any person
who may here after acquire the sys-
tenn and build it to the original
intended capacity.
This for the reason that water
companies are public service corpora
tions. and the property Of the Com
pany may be held for the carrying
out Of the contracts or obligations
Of the company originally securing
the franchise.
It will readily be seen that the
system is so incomplete and so much
in need of repair and attention that
Il must be sold and new capital must
be obtained for the completion Of the
system and for the purpose of put
ting It in proper condition. This be-
ing true. # is to the interest of all
water right holders. as well as credit
ors Of the Company, to have the
rights of all the claimants against
the Company finally adjusted by the
highest Court in the state so that