Omaha daily bee., 1909-08-27
Nebraska
IRRICATORS FIGHT IN COURT
Big Suit Started at Gering to
Determine Water Rights.
TWO COMPANIES IN DISPUTE
Enterprise Concern and Tri-state
Land Company Both Claim
Right to water from
North Platte.

GER1NG. Neb., Aug. 2s.-Cspecial)-A
suit was filed in district court here this
week which promises to introduce the big
gest irrigation litigation that the state Of
Nebraska has ever seen. involving the right
OF some fifteen irrigation bitches to water
from the North Platte river.
The Enterprise Irrigation district IL the
plaintiff and the Tri-State Land company
Is defendant along with all the other
bitches that take water from the river In
this valley. The action is aimed, however,
to determine whether the Tri-State com
pany's big irrigation ditch has a water right
prior to all the other bitches, as IL claims,
or a right subsequent to all the others, as
they claim. All the bitches, aside from the
Tri-State, have formed an association for
the purpose Of carrying through the courts
this suit in order to determine finally the
question Of priority as between the Tri-
State and themselves; but the petition re-
cites that the Enterprise ditch brings the
action and makes the others codefendants
with the Tri-State company 'in order that
the relative rights or appropriation Of water
from said river Of all Of said parties may
be judicially determined in one action, and
thus prevent a multiplicity of suits"
The petition further sets forth that the
Tn-state Land company claims a water
appropriation, prior to all others, Of L,142
cubic feet per second. The petition con-
tinues:
That the average flow Of water through
said river at or near the headgate Of the
canal Of the plaintiff and that of the de-
PENDANT Tri-State land company during
the months of August, September, october
! and November has been for several years
last past, and will be in the future, much
less than the amount Of water which said
defendant, the Tri-State Land company
claims a prior right to divert from said
river; and II said company be permitted
, to divert 1,142 cubic feet OF water per sec.
ond of time prior to the plaintiff herein
the said plaintiff and the users of water
from its canal will be wholly deprived Of
) water for irrigation purposes during tn,
latter part Of the month of July and dur
) ing all of the months of August, September
October and November Of each and ever.
year, to the irreparable damage and injury
of the plaintiff herein and the users o.
water from it's said canal"
The dispute which this action is brough
4 to settle arose from the purchase by tn,
. Tri-state Land company Of the canal an,
/, rights Of the Farmers Canal company
e which was the first irrigation enterpris
1N@A = ~ NhS 80 = A%NNS eAA~g 10 80
e late sos. The farmers canal was built 10
r only about fifteen miles and work thel
I ceased until the Tri-State ompan bough
the canal and rights in 1904. In the mean
time the other bitches represented in thi
= suit came into existence and have use,
e the water OF the river under their seyera
s appropriations acquired at the time o
their organization. Their contention 1
that the Tri-State company has an appro
priation only equal to that OF the oil
Farmers Canal company, or sufficient I
water some 1000 acres of land; while tn
Tri-State company asserts its right to abou
forty times that amount of water. or SUI
l ficient to water about $4,000 acres. On thi
point the plaintiffs petition alleges as fol
lows:
s That neither said Tri-State Land CON
pany nor its grantors, nor either of then
ever acquired a right to appropriate fror
said river any amount Of water whatsoeve
except a sufficient amount TO irrigat
about 1000 acres OF land or twenty-eigh
cubic feet of water per second OF TIM
that II said Tri-State Land company eve
did, by virtue of any proceedings taken b
said company or it's grantors, or either G
them, or otherwise, initiate a light Of ar
preparation which upon application to
beneficial use would ripen into a right I
appropriate waters from said river, sal
rights so initiated. II any, have becom
lost to said Tri-State Land company an
it's grantors by nonuse and abandonmer
thereof for a period Of more than te
years from the date OF initiating or aC
curing said alleged right"
1t is expected that the suit will be bit
terly fought on both sides 9ni will ur
:, doubtedly go through the highest coul
u Of the state, The attorneys filing the pct
ton for plaintiff are Morrow & Morrow. {
Denver and Scott's Bluff.
y New Court House for HOIdreEe.
HoLDREGE, Neb., Aug. 26.-(Special)
d The Board OF Supervisors OF Phelps count
has submitted to the voters of the count
to be voted upon at the coming election
d proposition to issue 800. 900 bonds for III
erection OF a new court house, the preser
wooden structure being inadequate for IN
growing business of the county. as we
as being out Of keeping with the moder
business and residence structures whic
surround IL. The county hoard ana -.