The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1911-11-07
Twin Falls Canal Co. Want Con-
tract Rights.
SETTLERS COMPANY SUES TWIN
FALLS LAND & WATER co.
Sum of $639,0OO Asked by Settlers in
Lieu of IncOmpleted Work Of Con-
tructi0n Company.

A suit was filed in the district court
on the 26th of October which will be
of great interest to the settlers of the
tract. The suit is Untitled The Twin
Falls Canal company versus the Twin
Falls Land and Water company in
which the plaintiff asks damages in
the amount of $639, 900 for not COM
plying with the terms Of the contract
under which the Twin Falls South
Side project was constructed.
In the complaint it is alleged that
the contract made with the State Land
Board says that the head gates for the
main canal should be built in solid
rock and the main waste gate should
be located near the head of the canal
in solid rock and all other waste gates,
lateral gates and wiers should be of
masonry or concrete, that the dam,
canals, laterals, gates and wiers
should be constructed in workman
like manner.
According to the complaint, the de-
fendant in the construction of the irri
cation system failed to comply with
the terms of the contract with the
state; that the said irrigation system
, is incomplete, unsubstantial, defective
and dangerous and not efficient for
the purpose intended; that the defend
ant company did not construct the
headgates of masonry or concrete,
which is unsubstantial and require a
large expenditure to keep in repair;
that the laterals were not constructed
as contemplated, so that the water
might be conducted at the minimum
loss from seepage and percolation,
which has been so extensive as to
cause damage to adjoining lands, and
to be the cause of many suits filed
against the plaintiff for damages; and
many specific instances of faulty con-
struction at different points are cited.
The contract with the state which
the plaintiffs will introduce in evil
dence says that the irrigation system
shall be constructed complete accord
ing to the specifications.
So that a transfer of the control
of the irrigation system could be made
to the purchaser of the water rights
the Twin Falls Canal company was
formed. 1t further says that upon full
payment of the purchase price there
was to be given the purchaser either
warranty deed, or shares of stock in
the corporation, and upon the forma-
tion of such corporation the defendant
company should convey to the Canal
company the dam and the entire sys-
TEN of canals, irrigation works and
water rights free of all debt.
AT the time of the transfer it is
claimed all of the stock was owned
by the Twin Falls Land and Water
company or it's officers or agents, and
that the land holders and purchasers
of water rights who had contracted
with the defendant for water, were not
consulted, and had no voice in the
matter, that the Twin Falls Canal COM
pany had never accepted the system as
completed or as having been con-
structed according to specifications
and requirements of the defendants
contracts with the state of Idaho, and
that they, the Twin Falls Canal COM
pany only used the system because it
was necessary in supply water to the
shareholders of the company.
T The case may be transferred to the
federal court, as the Twin Falls Land
& Water company is incorporated un-
der the laws of the state of Utah.
Bowen, Porter and Stockslager of this
city, assisted by D. Worth Clark of
Pocatello, are the attorneys for the
Twin Falls Canal company and the in
terests of the Land and Water COM
pany is being looked after bv Sweeley
& Sweeley, who have associated with
thom II e. Edwards