The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1910-07-14
In tte 1strict Court of the Fourth Ju.,
dielal District of the State of Idaho,
in and for the County of Twin Falls.


dic1al District of the State OF Idaho
in and for the County of Twin Falls
Twin Falls Canal Company, a Cor
poration, Plaintiff, vs. Charles N. Fos-
ter, ct al, Defendants
This cause coming on for hearing
this Both day of June, 1910, upon the
order to show cause heretofore issued
Stockslager & Bowen, and Cavanaugh
& Blake, appearing for the plaintiff;
B. E. Stoutemyer and ]. G. Rogers, APP
pearing for the defendants, for whom
they have heretofore entered appear
ance and S. H. Hays; appearing for the
North Side Canal company; the de-
PENDANT, G. II. Paul, personally APP
pearing in court in answer to the said
order to show cause and the matter
having been heard and considered by
the Court:
1t is ordered, That temporary in
junction herein be granted for the ir-
rigation season of 1910 for the distri-
button of the waters of Snake River
SO far as the Minidoka dam and canal
system and the irrigation systems of
the North Side Canal company and
the plaintiffs herein, the Twin Falls
Canal company, are concerned, and for
the distribution of the water between
all of said projects, as follows:
Cd The Twin Falls Canal company
and the North Side Canal company
shall be entitled to such natural flow
of Snake River at the Miner dam as
may be benefcially and economically
used for the irrigation of the lands
under the canals on said projects, not
to exceed in the first instance, $4,000
second feet, such natural flow sub
ject to said limitations, to be divided
between such projects at said Miner
dam, as follows:
Twin Falls Canal ompany-Thirty-
thirty fourths (30-34);
North Side Canal eompany-Four-
thirty-fourth (4-34).
The Minidoka project shall next be
entitled to the natural flow of the
stream to such an extent as shall be
needed for beneficial use, not to ex-
coed 1926 second feet as the next right
in such natural flow after those above
set forth.
The North Side Canal company shall
be entitled sas the next right in such
natural flow to so much of the said
natural flow as it shall need for bene-
fetal use under permit No. 1903, issued
by the state engineer of the state of
Idaho, up to 1850 second feet of the
waters of the said river.
(2) The stored waters of Snake
River, now stored in jackson Lake and
Lake Wolcott, belong to the Minidoka
project and canal system, but the
North Side Canal company for the sea-
son of 1910 has contract rights in
portion of the stored water of jack
son Lake, under contract between said
company and the United States, the
said stored waters of Jackson Lake are
to be distributed as specified by them
selves in alto of two-fifths to the North
Side Twin Falls project and the re-
naming one-fifth as directed by the
government agents. The Twin Falls
Canal company has no interest in said
stored waters. Minidoka storage to-
be used first as long as it will last to
supply the economical necessities of
the North Side Twin Falls and Mini
doka projects.
CD D. G. Martin, state engineer of
the state Of Idaho, or his duly APP
pointed deputy, shall determine what
part OF the water flowing in Snake