The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1917-05-18
A PROBLEM IN IRRIGATION

A few miles east of the town oil
Shelley is a situation in irrigation
that may puzzle the lawyers, but il
does not puzzle the man of plain
common sense to know what is right
and what ought to be done. The
land lies in the Idaho Irrigation dis
trict, and a stream called Sand creek
meanders thru 1t.
Sand creek is a natural waterway
and when its waters were %appropriat.
ed for irrigation, the water became
the property of those who used it,
People who settled along the upper
course of the stream had no right
to make use of its waters because
they had already been appropriated,
willows grew along the banks and
on the little islands and mud bars
in the stream, and trash lodged on
them, This caused the waters of the
creek to overflow the banks and
spread out over the adjacent farms
flooding the crops.
The upper settlers did not own the
water but they had possession of it
at the time when it was too early
LII llllSdLlOu. lllCy llNlCCu llC Il
rigation company to take care of its
water and keep it off of their lands,
but the irrigation company replied
that this was a natural waterway and
that they, the upper farmers, had
settled there subject to existing con
ditions. That if they did not like the
water theytcould move off or go back
to where they came from.
The settlers waited and the water
ran away and when the floods had
passed it was time to irrigate, and
the lower settlers made 81 of the
normal flow of water, and claimed all
of it. The next spring when the
flood waters came, the lower settlers
wanted none of it, but the upper
settlers had ~peaceable possession and
could not let go. Again they appeal
ed to the owners to keep 1t off of
their farms and again they were ig-
nored. Some of them built dykes
to keep it back, but the next year
the water was higher and washed
away the dykes and these had to be
rebuilt. The stream was so choked
up with willows in places that in
order to relieve the dykes the will
lows had to be cut and the trash re-
moved, so some of the upper settlers
did this in order to keep the water
off of their farms and out of their
yards and cellars. When they con-
suited attorneys, some were told to
bring suit, while others advised that
it was such a complicated situation
that results were doubtful. One of
the aggrieved upper settlers surveyed
and built a canal to conduct the
water along the boundaries of his
farm, and when it was we'll built
and connected with the creek above
and below, he had no more trouble,
but he had spent hundreds of dol
lars in construction and the irriga-
tors down the country used the canal
and it was up to him to maintain 1t.
In some instances the farmers
hauled in dirt with wagons and built
up dykes thru their premises trying
to keep the water out of their barns
and houses, but with each succeeding
year the water rises higher n over
it goes. In the spring of the year
when a farmers time is worth about
a dollar an hour in the field he has
to leave his work and fight the high
water. but at irrigating time he has
no right to touch it. The men who
hold title to it have dams and checks
and water gates to control it and
they pursue the even tenor of their
when there is work to do and
repairs to make, but in irrigating
seaso they take it over.