The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1914-02-13
Water USERS ARE
TRYING TO AGREE
ON WATER DUTY
Settlers Are Trying to Settle
Water Right Priorities
Out of Court
WOULD SAVE LITIGATION
Meeting Agrees on Tentative Duty of
Water-Stipulations Will be Sub
mitted to Judge Bryan--No Great
Difference Between Parties Inter-
ested in Boise River Water.

An important meeting OF the Off
GERS and heads of the canal COM
panies using water from the Boise
river was held in this city Saturday
for the purpose of making an at
tempt to effect an amicable agreement
relative to the duty OF water, and it
is believed that as a result of their
deliberations a stipulation will be en-
tered into to be submitted to Judge
Bryan, which will have the result of
putting an abrupt end to litigation
which has given promise of extend
ing bitterly fought through all the
state and federal courts.
Judge Bryan heard evidence some
weeks ago as to the duty of water in
the Boise valley for the purpose of
giving legal determination to this
vexed question which has been in
allegiance for some 10 years, or ever
since the supreme court approved the
decision fixing priorities of water
right, but reversed the case for the
purpose of having determined the
duty of water for all lands in the
Boise valley Considerable evidence
was heard at that time, but owing to
the necessity for Judge Bryan to hold
court elsewhere, the case was contin-
ued with no definite date fixed but
with the understanding that it would
be taken up again about March |.
An Interminable Tangle.
The hearing had was sufficient to
show that an almost interminable
tangle would likely result because of
the conflicting evidence and because
OF an apparent indifference in require
ment for water upon different lands
even III the same valley. Accordingly
it was suggested by some of the ditch
officers that a meeting of the canal
companies be held without any at
torneys being present and for the pur-
pose of attempting an amicable adj
| justment
The result of this suggestion was. a
largely attended meeting held Satur-
day in this city in which large ma
jority of the canals were represented.
A committee was appointed to at
| tempt a reconciliation of the question
OF water duty. This committee was
unable to report an exact agreement,
minority report signed by three
members of the committee represent
ing the ideas of the low duty" adj
vocates and y majority report, signed
| by four members OF the committee,
representing the high duty" idea be-
ing submitted. But between the two
reports there was found to be a very
| little difference, such that it is be-
lieved that at the next meeting, which
is to be held Feb. Fl, full agreement
can be reached.
| The two reports recommended the
fixing of the duty of water at differ
ent seasons OF the year as follows:
Low Duty Schedule.
| April to April IS, $40 inch; April
IS to May l, 6-l0 inch; May to Aug.
/, inch; Aug to Sept. IS, 6-l0 inch;
Sept IS to Sept. go $40 inch; Oct.
to Oct. Is, 4-l0 inch
April l to April Is, $40 inch; April
is to May |, 6-l0 inch; May to July
Is, inch; July IS to Aug. S, 75-lO0
inch; Aug. to Oct. /, $40 inch
1t will be noted from these two
schedules that there is no essential
difference between them except during
the last two weeks of July, where the
duty advocates demand a full inch.
while the high duty advocates concede
only three-fourths of an inch There
ID SOliG ulilSICHSS III LllS nShAduuS anu
concessions for the first period repre-
senting the first two weeks in April,
but it is admitted by both sides that
this is not very important and an
agreement can be reached there with
out difficulty. The only serious diff
ference, it is generally conceded, is
the one-fourth of an inch involved
between July IS and Aug. |.