The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1912-01-12
Judge Bryan Of This District
Upheld in Supreme Court in
the Pioneer Drainage Case
LAW PROVISIONS CLEAR
Judge Ailshie Writes Decision in I'm
portant Case--Irrigation Companies
Have Power to Protect Lands From
Damage by Excess Of Water Caused
by Seepage or over Irrigation.

Attorney J. M. Thompson, who rep
resented the Pioneer Irrigation dis
trict both in the district and the su-
preme courts, i'll the case i'll which the
power of an irrigation district to con-
struct and maintain a drainage district
was tested, is in receipt of the decision
of the supreme court The court up
holds the right OF the district and sus-
tains the decision rendered by Judge
Bryan some weeks ago.
The case is interesting i'll that the
facts presented conditions showing
that the land had once been reclaimed
by irrigation, but is now being ruined
by seepage which has caused it to be-
come swamp and in order to again
reclaim the once arid section located
in the district between Caldwell and
Nampa, and in other parts, it is nee
essary to drain the water off.
In his opinion Justice Ailslie says:
The case is the one wherein land
that has been reclaimed through irri-
CATION and which once was arid, is
now to be reclaimed through drain
age, due to the fact it has been soak
ed with water from over-irrigation
and from seepage which passes under
the land and is supposed to come
from the Deer Flat reservoir in Can
yon county.
Section 1886 of the revised codes
confers upon the board of directors of
an irrigation district the power and
authority ito acquire, either by pur-
chase, condemnation or other legal
means, all lands and water rights and
other property necessary for the con-
struction, use and supply, mainte-
nance, repair and Improvement of said
canal or canals and works, including
canals and works constructed and be-
ing constructed by private owners,
lands for reservoirs for the storage
of needful waters and all necessary
appurtenances. Said board
may also construct the necessary
dams, reservoirs and works for the
collection of water for said district
and do any and every lawful act neces-
sary to be done that sufficient water
may be furnished to each land owner
in said district for irrigation pur-
poses In the case at bar the district
already has canal system and supply
of water, but this supply is apparently
not adequate for the entire district
and at the same time, by reason of
seepage and percolaton, the low lands
OF the district are becoming flooded
and damaged SO that they are practi-
cally useless to their owners. The en-
gineer and board OF directors have ex-
amined and investigated conditions
and concluded that by constructing a
drainage system these seepage, perco-
lating and flood waters may be col
lected and thereby reclaim the flood
ed and overlooked lands and that the
water so collected may be carried of
into storage reservoirs and utilized in
the irrigation of other lands within
the district This is, to our minds
clearly within both the letter and the
spirit OF the statute The statute does
not require that water collected for
the use OF the district shall be col
lected in any specific manner or from
any particular source. On the other
hand, the water necessary for the ir-
rigation of district may be collected
from springs, wells, flowing streams