The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1916-08-24
CANALS MAY Be TAX
Ed. FOR DRAINAGE
Supreme Court Rules That Ir-
rigatiOn Companies Must
Pay Share.

The Idaho supreme court Saturday
reversed the order of the Seventh ju-
dicial district court and held that the
Farmers Cooperative Canal company
and Noble Ditch company are liable
for assessments made against them
by the commissioners of drainage dis
trict No. of Canyon county for the
building of drainage system.
This decision IS of great import
ance to every irrigated district of the
state, and is of special Importance to
the recently organized drainage dis
trict between Emmett and Falk. 1t
will also have far-reaching effect in
inducing the organization of drainage
districts to reclaim water-logged
lands in other portions of the Payette
valley.
The case came before the supreme
court on appeal from an order of the
district court sustaining the remon-
STRANGE of the Farmers Cooperative
Canal company, and the remonstrance
of the Noble Ditch company against
the assessments of benefits against
the rights of way of each of the COM
panies, by which order the court ad-
judged and held null and void such
assessments and ordered them strick-
en- and excluded from the report of
the commissioners of drainage dis
trict No. l which commissioners were
appointed by the court for the pur-
pose of assessing the benefits to the
several corporations and persons own
ing land and property in the drain
age district. Judge Ed L. Bryan pre-
sided in the lower court.
"a canal or ditch company corpora
ton not organized for profit and by
statute exempt from general taxa
tion," said the court in its decision,
''is not relieved from liability for as
sessments for the construction of a
drainage system required to protect
the lands under it from becoming al
kaline or water-logged, for the drain
age of land where such canal or ditch |
company contributes by seepage of
otherwise to make such drainage sys-
tenn necessary"
District No. 1 of Canyon county
was organized more than year ago
for the purpose of draining several
thousand acres of land between EN-
NETT and Falk in the Pay
cite valley. In making the assess
ment the commissioners assessed the
canal company $4,000, and the ditch
company $4,000, it being held that
both corporations were relieved from
the responsibility for damage done to
low lands from seepage, saturation
from the canal on high land, and the
necessity for carrying off waste wa
ter from the canal.
The estimated cost of the works
was S117,S44. Estimated aggregate
benefits to the land within the district
from the construction of the works
was placed at s5S9,220.
Farmers owning land within the
district were assessed at the rate of
from 81 to So an acre, and the valua- ;
tion of the farms fixed at from S35
to $40 an acre.
The canal company and the ditch
take water from the Payette
river, carrying it through the district
and delivering it to farmers further
iown the river.
Both the canal and ditch companies
brought action in the district court in
Canyon county seeking to annul or
set aside the assessments made
against them by the commissioners
If the drainage district. They won
heir case and the court issued an or
ler relieving them from having to
make any payments toward the con-
truction of the system.
Costs in the case were awarded to
he commissioners of the drainage
district by the court.
Work on the project has been held
ID awaiting the decision of the su-
reme court, those behind the move
nent fearing to carry the organiza-
ion forward unless the courts made
itch and canal companies in valley
esponsible for a proportionate share
f the cost of building the system.
low that the court has decided the
anyon county case it will permit the
obstruction of the system in district
10. l. The court, by it's decision,
ives power to any drainage district
rganized in the state to assess and
ollect a proportionate share of the
ost of building system against any
itch or canal company operating in
iaho.