Lincoln County times. (Jerome, Idaho) 1911-1919, 1915-07-15
WATER RIGHTS ADJUDICATED.
(Statesman.)

WATER RIGHTS ADVOCATED.
tStatesmdn.)
Through a decision issued We'd |
nesday by Judge Dietrich in the fed
eral district court for Idaho, the |
rights Of the Twin Falls Land & Wa
ter company and the Vineyard Land !
& Stock company in the waters OF the
Salmon River and its tributaries are
adjudicated Judge Dietrich allows
the defendant company 10 use 12,-
500 acre feet OF water to be diverted
during the irrigation season at such
times and In such quantities as its
needs may require, and to be utilized
upon the lands which were irrigated
prior TO 1906, when the first right
was secured by the Salmon River
company. The Vineyard company is
also awarded an additional right of
1000 acre feet through the High
Line" canal, the right to date from
May | 1911.
To the plaintin the court allows
the right to $4,000 acre feet. to be
measured where the water is deliv-
cred into the canal system from the
reservoir with an allowance of 10
per cent for evaporation and seepage.
In the last case decided the Vine
yard Co sought to obtain rights to
the waters of Salmon river in accord
ance with rights claimed to have
been acquired before the Salmon Co.
came itno existence. In an ordinary
year the water rights are greatly in
excess OF the supply on Salmon river,
and as this is the sole source of sup
ply for the Twin Falls-Salmon pro-
ject, the claims of the Vineyard Co.
to great prior rights were of great
concern to the settlers on the Salmon
tract. The court holds that there is
no doubt that the stock company is
entitled. TO all the water enjoyed by
it under prior rights, but finds it
difficult matter TO determine wha'
those rights were.
None Of the lands owned by thu
defendant were used for residence
, purposes, but the water was used, il
rough manner, for flooding TIL
lands used by the Vineyard Co. to in
cerase the yield of pasturage Their
/ are no figures prior to 1911 to shoV
! the amount of water diverted
t In 1892 a canal was constructe
= by the company, now called the Hig
= Line or Harrell canal 1t ran but
short distance into Roland slough
e In 1897 a reconnaissance line wa
n run for several miles and a perms
y nent location made for mile, an
the canal extended for that distanc'
t From time to time until 1903 add
e tional sections were constructed, bl
l. from that time until 1908. when tn
r plaintiffs system was well undo
: way, no further work was done. an
the record discloses nothing OF a
l. intention on the part OF the ownel
o to go further with the work.
lie The court decides form this ev
v dence that the irrigation compar
lie had a right to believe that the stoC
lie company had done all the work II e
" pected to do In providing means f
lie the diversion OF water While JUDI
at Dietrich admits that in cases whe
lie the pioneer settler. with no 9th
to resources than his bare hands and
ce stout heart, ventures under the har
IN conditions OF frontier life to reclai
in a piece OF land and make for hims'
home" the courts are inclined
eff give him every opportunity ID
nd diligence" he says. lis always
question of circumstances" Cons
ering the matter in this light. he
decided that since the stock compa
an was wealthy concern. the fact II
so little work was done for ma
"e years was sufficient evidence to p
ri nit the belief that the project v
In completed or abandoned. notwi
Use standing the fact that the capacity
the canal as built was much grea
5 than necessary for its length.
100 that reason the court decides q
100 the company's rights are those 81
100 cient to water the acreage under
100 rigation in 1906.
100 This amount Of land he finds to