Evening capital news. (Boise, Idaho) 1901-1927, 1917-12-20
BIG LAND And
WATER CASE AT
LAST SETTLED
Long Drawn Out Contest
Between Settlers Of North
Side Twin Falls Tract and
Company at End.
Suit Involved Property to
the Amount Of $4,000, 900
and 1900 Acres of Land
Settlers Get Jackson
Lake Storage Water.

Judge Dietrich signed decree this
morning which will bring q genuine
Christmas message to the managers
and the settlers under the long dis
turbed Twin Falls North Side tract
, over year ago 10 of the settlers in
stituted an action against the Twia
Falls North Side company and the
Continental and Commercial Trust and
Savings bank in which they sought I
determination Of the conflicting viewa
which have been long entertained as
to the duties of the company In fur
nishing system and water to the
settlers.
The suit was brought by only 10 o:
the settlers on the tract but 1t in
Nolved all of the settlers on the tract
for the reason that 1t was brought for
their benefit. Insufficiency of both
canal construction and water supply
were alleged and receiver was sought
by the settlers.
After number of preliminary law
questions had been adjusted, the case
was set before Judge Dietrich for hear
ing last week. A large number of wit
nesses and attorneys from outside
points were present and preparations
had been made ut great expense TO
IL
tween the settlers and the company.
STIPULATION AGREED UPON.
An attempt was made to agree upon
settlement rather than take the case
through the court, and "a stipulation
was finally agreed upon by all parties
upon which Judge Dietrich founded
decree this morning to the effect that
when the company had completed it's
irrigation system in accordance With
certain contracts that there would then
he full and complete compliance rs
between the construction company, the
state of Idaho and the holders of con-
tracts for purchase of water rights, and
that the system so completed would be
taken as sufficient for the irrigation of
10000 acres of land.
The company is to assign to the
settlers all of its right in Jackson Lake
reservoir. 1t is estimated that the
storage water impounded under it's
right will be in the neighborhood of
$4,000 acre feet. This water is worth
at various estimates from IS to $40 an
acre foot. and while the settlers are
, entitled at the present time to 10000
acre feet of it, the assignment by the
company will bring $4,000 acres OF
water which otherwise would not have
hcen dedicated TO the tract, for the pre-
sent at least
PLACED IN ESCROW.
Under the decree, an assignment of
the Jackson Lake water is 10 he placed
in escrow in the Pacific National Bank
Of Boise, IDAHO, for delivery as soon
rs the state land board shall have ac-
copied the company's compliance with
contracts.
Fn1 nY. tn -,
the company to sell further water
rights only wher it has actually dem
onstrated that its system and water
supply therefor will serve more than
100000 acres of land and when the
company makes an attempt to sell
more than this limited acreage it will
be obliged to prove in court that it has
the water capacity and the water so 10
10. The decree under the stipulation
s binding upon not only the plaintiffs,
in the case but all persons and asso-
. Citations who have contributed funds
for the prosecution of the case or who
have assisted in its prosecution or who
are in privity with the plaintiffs Or
who may re bound by their acts.
1t is thought that the practical eff
feet of this decree will be to establish
the number of acres that can be irri-
gated from the North side Canal com
pany's system at 10000 acres. 1t will
be remembered that this system is one
of the systems inaugurated by the
Kuhns, at one time famous as the
leaders of Idaho irrigation develop.
ments. Upon their failure, the bond
holders to whom bonds had been sold
by the Kuhns, were obliged to take
over the completion of the project 70
save their bonds, and they voluntarily
agreed with the state land board to do
the things which were required by the
land board, through its state engineer,
% complete the Kuhn contract
LONG CONTEST ENDED.
It Is thought that if the project does
not supply more than 10000 acres, the
hondholders will not secure par for
heir bonds bu5 the settlement of the
question ar to how many acres can be
irrigated from the system will permit
both sides to rest from the long con :
fIict which has been carried on. and
devote their time and energy to the
development of the tract.
1t is understood that it will be sew
eral years before the company makes
any attempt to sell additional water
rights over the 10000 acres. because
II will wait until the tract is fully de-
veloped and the acreage which can be
irrigated from the present system IS
fully ascertained before attempting 10
sell any more water rights.
The Twin Falls North Side tract has
been tremendously prosperous during
the past year and land prices arc
higher than In the Boise valley. In
fact, some of the settlers of the North
Side have been selling their holdings at
fancy prices and coming to the Boise
Valley to purchase cheaper lands. One
2f the plaintiffs in the present action.
Roman M. Tiss. recently sold his hold :