The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1913-07-18
STATE and FEDERAL
AUTHORITIES IN
conflict
Col. Marsters Takes Charge of
Distribution of Irrigation
Water
FOLLOWS GOOD ADVICE

Court Decree Had Not Been Made
This Year and Reclamation Officials
Were Doing as They Pleased-At-
torney General Shows That Water
Belongs to the People of the State.
Ever since the government engage
ed in the reclamation of arid land
there has been a conflict between the
Reclamation Service and the state
officials, Carey act companies and ir-
rigation districts. The Reclamation
Service has taken upon itself to dis
courage the promotion of irrigation
by means Of private capital in many
instances. The purpose of the Recla-
nation law was to enable the govern
ment to undertake the reclamation of
land which was beyond the reach of
private capital. Instead of combining
its activities to such projects the fed
eral authorities have always shown
thrift and enterprise more credita-
Bile to private corporation than to
great government bureau. Not con-
tent with working the injury of west
ern states by undue and unwelcome
interference Reclamation Service Of
hcials are now attempting to regu-
late and control the irrigation waters
of the state. Friday the government
and state officials clashed at the
headgate of the New York canal.
Project Manager G. H. Bliss main
tanned the Water Commissioner Elias
Marsters had no authority over the
gates nor legal regulation of the wa
ter passing through them.
In an interview given out last Fri
day Water Commissioner Marsters
said:
at was just question as to who
controls the distribution of the water
of the Boise river. All spring l per-
mitted the government officials to
regulate the gates at the intake to the
New York canal because there was an
abundance of water for everybody,
and there is no question of priority.
But on Wednesday the river fell $50
second feet and there was practically
no water running at the opening of
brought up thedtpconqesynmaebucm
brought up the question of priority
| sABAsS' ~ AuSS OC ASAGAlOCkCO biI6l
there have been 135 decreed water
rights on the river and the. govern
ment decree is number 1871. This
means that there 100 prior rightssh
means that there are 100 prior rights
Some of the water users farther down
the river are already suffering for
water.
II went to those in charge at the
government dam and told them it
would be necessary to cut off some
of the water running into the New
York canal for the benefit of other
water users. was told that l had
no authority there and that I must
not interfere.
There was no trouble. I simply
went to Attorney General Peterson to
make sure of the legal status of the
matter. was informed that the
government was selling water from
the New York canal right then to the
extent of $424 day, while some who
were entitled to the water were in
danger OF losing their crops.
'After talking with the attorney
general was convinced that the
government officials were simply run
ming bluff. went to the dam in
the afternoon, cut the chain, closed
the gates and the distribution of the
water in now in my hands. I cut off
all except what should 60 through
the canal under the old New York
decree"
Project Manager Bliss is quoted as
follows:
"Yes," he said. ut is true. The
government flood waters have been
cut off. The chain on the gates at
the intake to the New York canal
were broken and all the water cut off
except 2l9 inches belonging to the
old New York canal right.
"The government is supplying
water to 5000 acres on this project
at this time. Practically half of this
is under the Deer Flat reservoir and
is not affected by this action. The
other 1900 acres was watered from
the New York canal and this 1900
acres was reduced to 10000 inches of
water. If we had no other recourse
you readily understand the crops
would be burned up before the close
| of the season.
Legal Question Involved
There is a legal question in
volved. There has been decree from
s"e Sou'ts as W INC priority VI rights,
but no decree as to the amount of
water to be used-the duty of water.
Heretofore the courts have issued a
temporary order each season covering
this point. As no such order had
been issued this season we assumed
that we had as much right to the
water as any other users on the river.
There should have been an order
| from, the courts THE war; -, 9th
years."
1t was impossible for Attorney
General Peterson and Manager Bliss
| "a eaach E.sAax.