Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1911-03-10
WILL CONTEST
WATER ELECTION
IDAHO IRRIC AT1ON COMPANY
DEFR4JDED OF RIGHT
TO VOTE


Goodmg. as waleg master for the
distltcl including The lower Wood
river and the Malad river, is being
contested by the Idaho Irrigation
Company, on The ground OF fraud
il the conduct Of the election. The
case was filed in the district court
on Thursday afternoon. by W. g.
Bssel, OF GOodins, as attorney for
the company. Papers were served
on Heden today. and the hearing
Will come before the court in the
immediate future
The water Commissioner for the
second district, j Mcmillan, OF Iwir
Falls, during the past month, adj
vertised meeting Of the owners
and tsers of adjudicated water
rights on the Big Wood River and
the Malad River, at Gooding, on
March 8, for the purpose OF elrclin9
watermaster.
On the same date meeting Of
the owners of adludlcated rights
on Little Wood River for the
election of watermaster for that
stream. was held in Shoshone
There was a good deal Of differ
eDcc. however, in the conduct Of
these two meetings. The meeting
IN shoshone was attended by a
num1er Of the older settlers on
LITTLE Wood river The meeting
was organized by the election of G..
A. Elmer as chairman aud Gilbert
White as secretary. NOMINATIONS
for water master being called for,
OiiNcr C.. Dunn was nominated and
on a ballot being called for he was
eis.ted by the unanimous vote OF
thc water rights represented. 1t
was also desided by unanimous vote
that The salary of the water master
Should be fixed at $500 a day.
About 275O inches of decreed water
was represented at the meeting. the
Idaho lrrigai ion Gompany's inter-
ests. rep. scented 5v Mr.. ElmeI,
amounting 10 1860 incl IS,
There were represented at the
Gooding meeting, owners and repre-
sentatiNes of owners Of decreed
water rights to the amount Ill all
OF about 1900 inches. OF this
total MIR. /. w Mcconnell, generall
nlanager Of the Idaho irrigation
Company, represented an ownership
OF SiJO inches, considerably more
than majority Of the decreed
rights represented and entitled tol
vote.
When nominations for water mas
ter were called for Mr.. Mctonneli
placed in nomination J. W. Sirep-
herd. who last year, was deputy
state engineer in charge of the
distribution of the stored waters
on Big Wood ami Little Wood rlN-
ers. The chairman of the meeting
l.. Walter. reilIsde to accept the
nomination. and when ballot was
ordered refused to permit Mr. Me-
COuncll to vote for his nominee. ,.
T.. Heden was also placed in uomln-
alton. and the chairman permitted
all votes that were in his favor toI
be counted. Heden was declared
elected by the chairman.
During the Caooding meeting. ef-
forts were made on number OF
occasions by Mr. Mcdonnell and
the eompmy's attorney. Mr.. Bis
sill to secure hearing. but alway 5
with The same rcslll or rather lack
OF result. Chairman Walter being
thoroughly in accord with the op-
position to the Idaho Irrigation
Company exercise of the right to4
vote its water rights in the river
II is the contention Of the Idaho
irrigation Company that through
purchase it has secured title toI
slOO inches of decreed wafer IN Big
Wood River below the Magic re-
servoir. and tha5 these rights are of
record in ihe office of the county
clerk. III j. also pointed out by the
company that many Of the dccrecd
rights now owned by other parties
We're not originally decreed 10 those
now holding them. but have been
secured 10y prchase. Chairman
Walter contends that ownership Of
decreed rights by corporation
does not carry with it The right to
engage i'm the election az a water
master nor the use Of the water re-
presented bv The deere.
The law regulating the election
of water masters IN This state pro-
vides that every person. company or