Evening capital news. (Boise, Idaho) 1901-1927, 1916-02-15
CONTROVERSY IS
BROUGHT TO END
BY STATED BOARD
Contract With Utah Con-
struction Company for the
Completion of l. st River
Project Is Approved.

The contract between the state of
Idaho and the Utah Construction COM !
pany for the retaining of the Big
Lost River irrigation project, for 10
years a bone of contention that has
played a prominent part in politics and
been before the courts and before the
land board, will be entered into. BY
its terms the construction company
hopes to be able to complete the pro-
ject in units. Following an all-day
hearing yesterday the land board de-
cided by majority vote tp approve the
contract presented by the Utah Con-
struction company. The only dissent
ing vote was that of Governor Alex
ander, the vote being 4 to l for the
contract. and it stood approved. The
preliminaries for signing it are now
being carried out.
To Start Work Immediately.
W. A. Watts of Ogden, head of the
utah Construction company, an
, nounces that no time will be lost car
rying out the company's plans. Dirt
will be flying on the project, he
says, within short time and every ef-
fort will be made to work out the plans
that have been decided upon after
careful engineering investigation.
In approving the con tract major
ity of the land board took the stand
that the question Of adjudication of the
water rights was one for the courts
and not the board; that the only issue
before the board was whether or not
the contract was a proper one which
the state should be a party to- This
was the contention of w. A Watts
and Edwin Snow, counsel for the Utah
Construction company. The Mackay
and Arco factions on the project SEEM
ed to be on opposite sides of the issue.
The Mackay people as we'll as the Big
Lost River Water Users association,
were represented by Chase A. Clark
and w. A. Brodhead as well as Sen
ator Ravenel Macbeth and settlers
They made the fight fpr the settlers
who have taken water from the river
and Antelope creek and put it to bene
ficial use on their homesteads which
they have cultivated and improved
This raised the question of priority of
water right as between these settlers
and the Utah CONSTRUCTION company,
successor to the interests of rights of
1905 of the original Big Lost River lr
rigation company.
Arco People For Contract.
The Arco settlers and the town OF
Arco represented by II. L. Molen, pres
ident of the Commercial club, contend
ed for signing the contract, setting
forth that the original settlers on the
project, many of whom have spent ov-
er 10 years on their farms, believing
their contract with the original COM
pany protected them are entitled TO
protection first and not the settlers
who have appropriated water from the
streams since 1905. The Arco people
wanted something done towards ac-
tive work on the project, and made IL
plain they stood for lis development by
the Utah Construction company.
The land board heard all parties in
terested and then went into executive
session where a decision was reached
regarding approval Of the contract II
Is understood that the objection of the
governor was to some of the provisions
in the contract and not to the contract
as a whole
Just what bearing the action taken
| by Clark & Brodhdad attorneys OF
Mackay representing the Big Lost
River Water Users association ir
bringing suit in the state engineers
office for cancellation of the permit &c
waters in the Big Lost river to the
Utah Construction company. will have
Is uncertain. 1t is said the associa
ton is determined tp go any length In
the courts to protect the water rights
of it's members and litigation may fol
low.
Waited Years For Water.
Approval of the contract is taken Il
mean activity on the Big Lost Rivei
project n-as-far ais construction /:
concerned. There were 92.189 acres il
the project. The t contract for tn,
reclamation of this land was entered
into April 80. 1907 The first Carey
act opening for the lands was Sept. 4
1907 for lands within the Powell
tract. approximately 10000 acres
Sept. IA, 1907 the lands within the Arc,
and Era tracts were thrown open I,
entry. Entrymen from many state
took the lands or total of 664 ant
there were 60,745.17 acres entered. TIL
settlers entered the land in good fait.
believing they were going to be givel
water. The water never came. The,
waited in vain. On April Z. 1910 tn
company served notice on them waite
would not be available until June 1 o
that year. Postponements took plac
from time to time Finally discourag
r.