The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1909-11-11
CANYON CANAL AGREE
MENT
Provides for Improvement oi
Canal Under Joint Super
vision of Engineers

The committees sent to Boise by
the Canyon Canal water users TO
confer with representatives of the
Canal company and the Trowbridge
& Niver Co. in regard to repairs
and Improvements on the canal,
concluded their labors Thursday
night and reached an agreement,
which is printed in fl II below.
This agreement was reached after
a two days session and is the re-
suit of concessions on both sides.
And while, as the committee stated
to The Index, "We did not secure
all that we hoped IN the way of i'm
provements, nor all that the water
users are entitled to, it was evil
dent that our full demands could
be secured, if at all, only after long
and expensive legal fight. during
which time no improvements what
ever on the canal would be made. y
Bv the terms of the agreement
the Canyon Canal Company agrees
10 repair and improve the system
under the joint direction OF Mr..
Stevenson as engineer for the water
users, and the company's engineer.
In the event the two engineers can
not agree a third is to be called
in and a majority decision to be
final.
On the other hand, the water
users are required to take over
the canal system Immediately upon
such repairs, changes and improve
ments being completed.
The agreement must be ratified
by the water user and signed by
the Trowbridge & Niver company
before it becomes effective. The
proposition follows:
To the water users under the
Canyon canal system.
The Canyon Canal company,
while not conceding that it has not
in all respects fulfilled and COM
piled with the contract with the
state of Idaho, dated December s,
1903. in constructing the works
provided for in said contract, is
now, and at all times has been ready
and willing to make any reason
able changes, Improvements or re-
pairs on said system in order to
meet the reasonable demands of the
water users without delay, to be bv
them operated, controlled and
maintained, and for the purpose of
amicably adjusting all existing
controversies between the company
and the water users. makes the fol-
lowing proposition;
The Canyon Canal company a
grees to proceed with the work Of
repairing and improving said sys-
tenn under the joint direction of Z
c. Stevenson. civil engineer, of
Boise, as the representative of the
water users, and an engineer to be
selected by the company as its
representative and will make all
such changes, Improvements and
repairs as SAID engineers may
gree should or ought to be made by
the company. In the event said |
engineers cannot agree, they
may select ID third engineer and
the decision of a majority of said |
engineers snail be binding, and |
the improvements and changes
shall be made as directed by said
engineers, or a majority thereof
in the event all do not agree.
3. The foregoing proposition is
conditioned upon satisfactory as
surance being hrsr received by
the company. that the canal sys-
TEN will be taken over by the water
users or by the operating company
in the manner contemplated by law
and by the said contract between
the company and the state of Idaho,
Immediately upon such changes,
repairs and Improvements being
made and completed.
3. This agreement is not in
tended to abrogate any contract
previously entered into and in the
event the Emmett Bench Canal
Company, Limited, should be or
ganized for the purpose of assuring
the ful6llment of this argeement,
the company shall notbe obligated to
operate the irrigation system until
the improvements herein contem-
plated have been completed. This
agreement is made subject to the
approval of the state land board.
Respectfully. Canyon Canal
Company, Limited. By Louis N.
Roos, Secretary.
Accepted by the following land