The Emmett index., 1912-06-13

} port has been submitted on said matter
: by the state engineer OF the state OF
Idaho, approving the organization OF
said district, which report is on file
with the clerk of the board of county
commissioners of Canyon county
Idaho;
And 1t further appearing that at the
time of filing such petition the petit
toners accompanied the same with a
map of the said proposed district,
showing the location of the canals and
other works by means of which It is
Intended to irrigate the proposed dis
trict, and OF all the canals situated
within the boundaries of said proposed
district, and also bond in the penal
sum OF five hundred dollars ($500)
being double the amount of the prob
able cost to the county for organizing
such district, conditioned that the
! bondsmen will pay all said costs in
case said organization be not effected
which bond has been approved by the
! board, and also an estimate of the cost
of such works, certified to by C. p.
| Lattlg, well-known and competent
irrigation engineer: Whereupon, the
board having duly considered such
matter, proceeded to the hearing Of
such petition:
Evidence was introduced on behalf
of the petitioners, by the witnesses
above named, from the consideration
of which the board finds:
That the petition was signed by
thirty-three (33) holders of title or
evidence of title to land within the
boundaries of said proposed district;
That the number OF holders of title
or evidence of title to land within tn
boundaries of said proposed district is
forty-two (42);
That said holders of title actually
hold the title to more than one-fourth
"a of the total area of the lands
within the proposed district which
will be assessable for purposes of the
district
That copy of such petition and all
maps and other papers filed with the
petition were filed in the office of the
state engineer of the state of Idaho, on |
or about the Sth day of March, 1912;
Jacob Hoffman appeared before the |
board and made application to have |
excluded from the boundaries of the |
proposed district the following de-
scribed lands
On behalf of himself:
The south half (S1s) OF the south
twenty-six (26); the north half (Nbl |
of the northwest quarter (NWA Of
section thirty-five (35); and the north
west quarter (NWA) of the northeast
quarter (NEh) of section thirty-five
(35) township nine (9), north Of
range five (5) west of Boise meridian;
On behalf of his brother, Nikolaus
Hoffman:
The southeast quarter (SEA) of the
southwest quarter (SWA), the south
west quarter (SWA) of the southeast
quarter (SEA) of section twenty
.hree (23), and the northeast quarter
Df the northwest quarter (NWA) and
he northwest quarter (NWA of the
northeast quarter (NEA) of section
.wenty-six (26); township nine (9), {
north of range five 90, west of Boise |
meridian;
And alleged that he could irrigate
o better advantage and less expense
he lands owned by him by installing :
/ private plant and pumping water
rom the Lower Payette ditch, than Z
rom the proposed district, for the al ,
eyed reason that it would be neces- r
airy to pump water seventy or eighty T
eet higher to furnish water for said I
and through the ditch proposed to be 7
sed by said district than would be c
ecessery for petitioner to pump water n
or said lands by private plant and a
Sc of water from the Lower Payette r
itch, and that the taxes, assessments, G
ost and expense for the use of water =
rom the district would be prohibi-
I've.
On said petition Jacob Hoffman. H. :,
Iarland and l.. V. Patch testified and
appearing from said testimony that \,
ne petitioner has resided upon said 3
md for twenty-siX years that the con- "
-ruction of the works which said dis q
'ict has proposed to purchase has q
lade his land very valuable; and that .
aid petitioner has but ten acres of q
nd land in cultivation, which is in =,
lltivation from the water from the q
orks intended to be purchased by the -
strict that petitioner has never made ~
ny investigation to ascertain the cost :,
installing a private pumping plant; ~
lat he has no water right to supply : ~
lid land from the Payette river nor -
~ stock in the Lower Payette Ditch
,mpany, and that the district has ,N ~,
ater right in the Payette river and u
e right to carry said water through
e Lower Payette ditch to the pump or
G plant of the proposed district; and
TO whether or not the district will tn
I've to pump the water seventy or of
ghty feet higher, as alleged in said NJ
tition, the petitioner has never had
e distance measured In order to get NJ
~ accurate estimate of the same; of
at the testimony as to the cost re-
rred to In paragraph "5" of said pc be
ion does not sustain the said allega- ris
IN in said paragraph contained; and tn
at the cost OF power to private wi
ant is much greater than the cost of dis
wer TO larger plant, and there is tn,
thing in the testimony to show that pr
would not cost the petitioner more orr
irrlgate said lands from a private
ant than from the district, the state res
'nts in the petition not being sus-
ned by the testimony for the wit an
SIS. IL is on motion hereby
Ordered that said petition of Jacob sal
'ffman, for himself and his brother, the
kolaus Hoffman, be denied. KIN
A vote being requested resulted as 2 {
lows: as
i,