Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1917-03-07
HIGH COURT SAYS
NEBRASKA WATER
STATUTE IS valid
United States Supreme Tri-
bunal Upholds State Decree
Involving North Platte
River Rights.
TWO MILLIONS INVOLVED
Water Claims of Tri. State and
Farmers Mutual Canals
Sustained,
APPEALS ARE DISMISSED

Washington, March 6.-Disposing
of irrigation water rights in the North
Platte river valley in Nebraska worth
more than 100000, a Nebraska su-
preme court decree upholding valid
ity of the states water law of 1895,
and sustaining the water claims Of
the Tri-State Land and Farmers Mu-
tual Canal companies, was today put
into effect by the supreme court.
In proceedings of the Enterprise
Central and Gering irrigation districts
and various North Platte valley land
and water companies to enjoin the
Tri-State Land company from divert
ing more than twenty-eight second
feet OF water from the river, the su-
preme court did not decide the con-
stitutionality of the Nebraska law
of 1895 authorizing a state board to
determine priority of irrigation water
claims. The court dismissed the irri-
cation districts appeal.
Under Enterprise Grant.
The action of the Enterprise irriga-
ton district ct al. against the Tri-
State Land company ct al was begun
August %, 1909, by the plaintiffs. who
claimed an appropriation of water
from the North Platte river under a
claim made by the Enterprise Ditch
company in March, 1889, to whose
rights the plaintiff had succeeded by
purchase. A large number of other
persons and corporations claiming
appropriations of water from the
North Platte river in SCOTS Bluff and
Cheyenne counties were made parties
defendant.
When the issues were finally made
up it appeared that plaintiff and each
of the defendants except the Tr-State
Land company and the Farmers Mu-
tual Canal company were interested IN
| having the prayer of the petition
granted and that particularly the same
relief was sought by each OF them
against two defendants named.
Claim Priority of Time.
As shown in the opinion of the Ne
braska supreme court, found. in VOL
ume 90, page III, "the defendants
claim an appropriation of water to
the extent of l,l42 cubic feet prior
in point of time to an appropriation
of any of the plaintiffs and an adJudi-
cation in their favor by the State
Board of Irrigation to this extent.
The claim of the plaintiff is that an
appropriation to the extent OF more
than twenty-eight feet never actually
vested in the Farmers Canal COM
pany or its successors and that by the
actual beneficial use of water by the
plaintiffs before the water had been
put to beneficial use by the defendants
and before the canals of defendants
had been constructed, plaintiffs &C
uuired prior right to all but twenty
eight second feet OF the water claimed
by defendants. They further con-
tend that if the Farmers Canal COM
pany ever acquired an appropriation
it had lost the same by nonuser,.
"The defendants assert the validity
Of their appropriation, that it is prior
in point of time"
District Court Ruling.
The district court of Scottsbluff
county found for each and all of the
plaintiffs and cross-petitioners except
the Mitchell irrigation district. The
Tri-State Land company and the
Farmers Mutual Canal company were
adjudged to have an appropriation of
1857 cubic feet per second only in
stead of l,l426-7 second feet as
claimed with priority dating from
September 10, 1887. AS to the Nit
chell irrigation district the court held
that because its canal heads in the
state Of Wyoming and the water is
diverted into it in that state the court
had no jurisdiction of the subject
matter of its cross petition and the
same was dismissed.
Reversed by Supreme Court.
The supreme court Of Nebraska re-
versed the district court holding in
part that "The evidence shows that
at the time the state board made the
determinations, agriculture by irriga-
Continued on Page Two, Column Three.)