The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1913-10-14
COURT OV[RRUL[S
DEMURRER Insult.
Decides Against Vineyard Land
and SteA Company
TRIAfkIS SET FOR DECEMBER IN
UNITED STATES COURT.

Petition Ia Conrt for Injunction to
Prevent Diversion Of Salmon River
Waters.
The demurrer filed by the Vineyard
Land and Stock Company in the action
brought against them by the Salmon
River Company which is designed to
prevent the defendants from using any
of the waters of the Salmon River,
was argued before Judge. Dietrich OF
the District Co,crt of the United States
at Boise on the twenty-sixth of Sep
tember The demurrer which raised
several points of more of less tech
nical nature was overruled and the
case will have to be tried on its merits,
probably during the early part of De-
cember. This is the second victory In
the legal battle for the waters of the
Salmon River which has been won by
the Salmon River Canal Company, the
first success coming last fall when the
application Of the Vineyard Land and
Stock Company for change OF venue,
attempting to throw the action into
the Utah courts, was denied.
The action, It will be recalled, dfi-
ginated because of the announced In
tention OF the Vineyard Land and
Stock Company, a corporation of Utah,
which has extensive holdings between
Rogerson and Wells, Nevada, to APP
propriate for It's own use on lands In
Elko County, Nevada, such water. from
the Salmon River as would be neces-
sary for irrigation purposes. A tenn,
porary injunction was at once spplied
for to restrain them from diverting
water from the Salmon River. The
suit was filed May 49, 1919, In the Dis
trict Court of the United States, Dis
( trict of Idaho, Southern Division, by s..
H. Hays, attorney representing the
Twin FaliaaAlmon River Land &
Water compgdy and the Salmon River
Canal Company, Limited. both OF these
coftora<dons appearing as plaintiffs.
Thextfaintiffs allege that they are
& entit9ed to and need the entire flow of
thAk liver at all times for irrigation
,pirposee on the Salmon tract, the
SeompaaiRt reading, in part: 1T is nec-
essary 10 divert from said Salmon
Rfveft the said amount of fifteen
hnadred cubic feet perFsecond =" for
the reclamations Of the lands herein
4 before mentioned That the high
est flow m high water is less than fif-
teen hundred cubic feet per second Of
time and that 1t is necessary to gather
and use the entire flow of said Salmon
River for the purpose Of irrigating
the aforesaid lands and procuring the
necessary flow therefore"
The complaint continue: "The de-
fendant, the Vineyard Land and Stock
Company has commenced and Is now
constructing canals and bitches in the
county OF Elko. and State of Nevada
for the purpose Of abpropriating, d.
verting and using the waters OF said
Salmon River and it6trdbutries in said
Elko county and pISNanting the same
from flowing dov1 said stream into
the State OF Idahe AID preventing ths
y use of said waters by the plaintiffs
herein, -" and that said defendant
- will unless prevented cy the or
der, decree and Judgment of this colr'
divert and use the water ct sail
stream before the same reacies The Ii.
rigAtion works of tie plaintiff. . ItA'
reported dpon excellent authority TIA
the Vineyard Company has cleared ,
large acreAge OF land the past SUM
mer, and have anticipated putting /
in crop next spring. 1t Is tEeir inten
ton to raise hay for their cattle It Il
also reported that they have rdiverte.
quite quantity Of water continuolS1.
from the Salmon River durtag tn
past season. 4
The 1i1Dinxil state that they hav
been q Bic ~ dlscover the basis n}sol
whicn &bA. td B6mpsny bas
theft clalma Is a part OF these va
ters; they o}eiu9 thsir permit 10
sued by ting std ineer spf Idah