The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1910-12-09
DECREE IL WATER SUIT SOON
TO BE SIGNED


-ase VIII be signed at the next SEES
sion OF the Sixth judicial distrio
to be held in Fremont county, was tn
substance of statement given out a
Saturday evening at the Owyhee hote
by Judge ]. NJ. Stevens of Blackfoot
who is Judge of the Sixth Judicial
district.
Judge Stevens said: 1T has beef
stated that | would not sign the de
cree in the Snake river case, as it wa
certified to by the referee, but | wan
to state that l will sign the decree
after such errors which may be fount
therein are eliminated at the mex
session of my court TO be held il
Fremont county,
The Snake river water case is the
biggest water law suit involving the
water rights to md ever tried in the
| United States, and involves the water
rights to 100000 acres of land, OF
all of the irrigated land which lies
within the State of Idaho, and the
water supply of which is the Snake.
The case was originally started to
determine the priority of tho water
rights of the different canal systems
of the upper Snake river valley and
there are about 1000 litigants in
volved 1t has necessitated a COM
plete survey of the entire area which
was Watered by the Snake river and
which lies above American Falls. The
United States government alone spent
the sum of 100000 in making sur
veys of the territory to be used in
checking the work of the state en-
gineer, who was compelled under the
law to make such surveys.
The case has been in the Sixth i'll
dlclal, court for the past eight years
and was filed some three months be-
fore Judge Stevens went to the bench
in that district. He attempted to try
the case homself, but 'the litigants
were so numerous and the points of
law so intricate, that it was practi
cally several thousand small cases
lumbled into one," to use his own
language, and it was necessary to ap-
point referee to take the testimony,
which covered between 1000 and
5000 typewriter pages, and con-
'umed several years in the taking.
The decree as it will be signed
will adjudicate about 100000 inches
If water ct cost of about four and
'ne-half cents per acre to the litigants
or court costs. The court costs
to about $4O,5OO and con-
titute the largest court cost bill ever
lied in any court of the state of
IDAHO,
Judge Stevens said: "The findings
nd decree were presented at the last
ERIN of my court which was held in
fremont county, and in order to cor
ect any errors which would neces-
arily creep into thing of this mag
litude, I made a temporary order
utting the decree into effect for the {
asst season
AT the opening of the next term
f court in Fremont county the decree ,
I'LL be taken up and any errors which '
lay be found will be presented to the .
office of the court and after recti-
wing the matter the decree will be I
igned."
Judge Stevens stated that there was /
feeling of satisfaction on the part }
the litigants and he did not look !
see the case carried to the supreme 4
ourt He said that the decree would ;
adjudicate the waters of
le Snake above American Falls for
lie first time since the early settlers
making water locations.
The findings of fact and conclu-
ons of law, together with the iudg- !
ent and decree in this case, as was =
anded up to the judge by the referee
this case, were the most remark
de of any case ever tried in the Uni Z
d States, as they named the thou Z
nds of litigants and covered be- :
1een 1000 and 5000 typewriter Z
lges. )
In speaking of the case, Judge :
evens said 81 am thankful that Z
is case has been finally threshed !
1t and that the final decree will \
on be filed, as it has been politi- 2
| issue in the upper valley for the !
st ten years or more and has Great \
a great deal of hard feeling 2
There are millions of dollars of !
nal properties involved in this case <
ID the value of the water rights is 2
: