Evening capital news. (Boise, Idaho) 1901-1927, 1917-11-13
NORTH AND SOUThSETTLERS TO PAY
HIGHWAY WILL BE|ASSESSMENT But
COMPLETED SOON WILL keep Up FIGHT
Action Taken by Directors
on Advice of Ex-Governor
Hawley-Claim Charges
Inequitable.

1aluWell, NOV. lS.--ln 0ruef 10 pre-
serve their standing under the law, the
settlers of the Boise Payette project
will sign the acceptance of the extern
sion act and will make the first pay
ment of their water rights at the time
il becomes due next month upon the
basis of $50 per acre, the price recent
~ announced by the secretary of the
interior. However, in doing this, the
settlers will make their payments un
der written protest that their right to
contest may not be waived.
This course was determined upon
at meeting of the board of directors
which was held in this city this aft
ernoon, and was taken in conformity
with the advice of Ex-Governor James
III. Hawley, of Boise who acting in
the capacity of legal adviser OF the
settlers, took the position in a written
opinion that by pursuing this course
the settlers will protect themselves and
at the same time forfeit none of their
rights to enter the courts to effect a
reduction of the cost of water rights
as announced by the secretary of the
interior, which they hold to be inc
quitable.
TO FIGHT CASE OUT.
That the contest between the settlers
and the reclamation service officials
will be fought out in the courts Is now
prac tically settled. The opposition of
the settlers to the cost of the rights
fixed by the secretary of the interior
is based upon the fact that subsequent
to the initiation of the project settlers
under the Riverside canal were entire
~ released from all Of its cost that
still later a change in its contract with
the Pioneer district was made by the
government which release the settlers
under it from all cost of the project
and placed upon them a charge for
only the amount of water they used.
which has amounted to $40 per acre for
complete water rights; that following
this "A similar course was pursued with
the settlers in the Nampa- Merida n
district and that at later date a cred
it OF $50 an acre was given the set
tiers of the New York canal without
! he knowledge or consent of the board
of directors of the Water Users asso-
citation.
BY these credits and releases, the
settlers OF the Boise Payette project
declare that they are charged with
100000 more than they would have
been had they not have been made.
NOT ABLE TO PAY.
The directors do not take the posi-
ton that the settlers are not able 10
pay the amount charged by the gov
| eminent for water rights, but declare
that regardless of their ability to do
so, 1t is a matter OF injustice since
the charge Is inequitable. In COM
menting upon this feature of the sit
uation, l.. j. Magee, secretary of the
| association, said: I'VE are not plead =
ing poverty in making our fight. AS a
matter of fact the project has enjoyed
phenomenal prosperity, taking every
thing under consideration and will
probably continue to do so, but the law
contemplated that each acre under the
| project should bear it's proportionate
| part Of the expense of the cost of con-
struction. and it is for this principle
F. that we contend BY its course, the
| reclamation service increased our cost
and it is to this we object. Our abil-
| ity to pay the estimated cost or the
! prosperity we are enjoying does not
enter into the controversy. Surely, we
! should not have extra cost added be-
| cause we have prospered."