Lincoln County times. (Jerome, Idaho) 1911-1919, 1917-12-27
BIG LAND AND WATER CASE AT
LAST SETTLED
Long Drawn Out Contest Between
Settlers of North Side Twin Tract
and Company at End.

On last Thursday Judge Frank S.
DIETRICH of the Federal court signed
a decree which will bring genuine
Christmas message to the managers
and settlers under the long disturb,
ed Twin Falls North Side tract Over
a year ago 10 of the settlers insti-
tuted in action against the Twin Falls
North Side company and the Contin-
entail and Commercial Trust and Saw
tngs bank In which they sought de-
termination OF the conflicting views
which have been long entertained as
to the duties Of the company In fur
nishing a system and water to the
settlers.
The suit was brought by only 10 OF
the settlers on the tract, but It in
volved all of the settlers on the tract
for the reason that II was brought
for their benefit. 1iisufflciency Of
both canal construction and water
supply was alleged and a receiver was
sought by the settlers.
After a number of preliminary law
questions had been adjusted, the case
was set before Judge Dietrich for
hearing last week. A large number
of witnesses and attorney from out
side points were present and prepara-
tions had been made at great ex-
pense to fight long drawn out legal
battle between the settlers and the
company
Stipulation Agreed Upon
An attempt was made to agree
upon a 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 its irrigation system In ac-
cordance with certain contracts that
there would then be a full and COM
plete compliance as between the con-
struction company, the state of Idaho,
and the holders of contracts for pur-
chase of water rights, and that the
system 30 completed would be taken
as suficient for the irrigation OF 170,-
900 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
its 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 100000 acre feet of 1t, the
assignment by the company will
bring 145,0O0 acres of water which
otherwise would not have been dedi-
Gated to the tract, for the present,
at least.
Placed in Escrow
Under the decree, an assignment
OF the Jackson Lake water is to be
placed In escrow in the Pacific Ma
tional Bank, of Boise, Idaho, for de-
livery as soon as the state land board
bAdli nave dCScPlcQ tnt Pduy
compliance contracts.
Under the decree, II is possible for
the company to sell surther water
rights only when 1t has actually dem.
onstrated that its system and supply
therefor will serve more than no..
900 acres of land and when the COM
pany makes an attempt to sell more
than this limited acreage, 1t will be
obliged to prove In court that 1t has
the water capacity and the water sc
to do.
1t is thought that the practical ef
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. 4
will be remembered that this system
is one of the systems inaugurated by
the Kuhn, at one time famous al
the leaders of Idaho irrigation devel
. opments. Upon their failure, thu
bondholders to whom bonds had beer
sold by the Kuhns, were obliged t
take over the completion of the pro
ject to save their bonds and the,
voluntarily agreed with the state lant
board through its state engineer, t
complete the Kuhn contract
~ Long Contest Ended
It is thought that If the projec
does not supply more than 10000
acres, the bondholders will not secure
par for their bonds but the settle
ment of the question as to how man,
acres can be irrigated from the sys
tenn will permit both sides to res
from the long conflict which ha
been carried on. and devote thei
time ande nergy to the development
Of the tract.
1t is understood that It will b
several years before the compan