Evening capital news. (Boise, Idaho) 1901-1927, 1917-12-23
WATER USERS
FILE BIG SUIT
TO STOP SALE
Settlers on Idaho Irrigation
Company Project Demand
Further Sale of Water
Rights Prohibited.
Charge Oversale Has Been
Made and Insist Practice
Must Stop If Their Inter
ests Are to Be Protected
in the Future.

A suit vitality affecting the inter
ests of every water user under the
system of the Idaho Irrigation COM
pany was filed in the district court
at Shoshone this week. This suit will
determine whether the settlers are to
receive five -eighths of an inch OF
water per acre, as provided in their
contracts with the company, or a
greatly diminished amount, possibly
three eighths of an inch. Thus it not
only affects the property rights of
each contract holder. but the general
welfare of every town and commun-
ity as WELL as the future development
and prosperity of all interests depends
upon the successful and efficient ir-
rgation of the land.
The complaint in this case asserts
in brief that the Idaho Irrigation COM
pany has already greatly oversod its
available water supply and is ondeaV-
oring to sell water rights for 2lOO0
acres more which would so diminish
the water supply Of the present con-
tract holders that their lands could
not be successfully irrigated and
would become worthless. The court
Is asked to enjoin the company from
making any further sales.
The plaintiffs in the case are Fred
w. Gooding. Novinger & Darrah Sheep
company. T. B. Jones, ]. II. Culbor-
son, n. W. Sine, w. l.. Biggs, Louis
johnson, c. b. Hess and Frank X.
Gooding, who have purchased water
rights for 1920 acres of land. The de-
PENDANTS are the Idaho Irrigation
Of
New York, Lyman Rhoades and NJ.
r. Kays, trustees.
Bissell & Holman are the attorneys
for the plaintiffs.
The complaint sets forth the con-
tracts between the company and the
state and between the company and
the water users, the contract with the
state showing that the company
agreed to furnish and deliver water
to the extent of eighteenth OF Il
second foot per acre, and 1t Is al
legged that the company was bound to
sell such water rights so long as the
appropriation and supply would per-
nit, and that by the terms OF the
contract with the state, when the
company had sold water rights suf-
ficient to exhaust the appropriation
and distributing capacity, the owner
ship of the Idaho Irrigation company
in the canals, reservoirs, dams ana
bitches, and its right to sell further'
water rights should cease and termi-
nate.
1t is alleged that all the contracts
entered into by the company pro-
vided that It should construct reser+
yoir and canal system sufficient to IT.
rigate and reclaim 10000 acres; that
It should sell water rights of one
eightieth of second foot. per acre and
that 1t should construct irrigation
works of such capacity as to be able
in fact to furnish and deliver one
eightieth of a second foot per acre
for each acre of land within the seq
regation; that the purchaser of water
rights was entitled to receive one
eightieth of second foot per acre
and proportionate interest In the r.
rigation works, and that the right or
the company TO sell water rights was
limited to the capacity of the system
TO furnish and deliver water in ac
cordance with its contract, and THAT
when such sales should equal the CO r.
rying capacity of the system, the com
pany should make no further sales
1t is set forth that the lands of The
plaintiffs are of semi-arid character
end require the application of five
eighths of an inch of water per acre,
or one eightieth of a second foot, for
successful irrigation and for the rails.
ing OF ordinary agricultural crops, and
that with less amount of water the
lands are worthless for agricultural
purposes.-Gooding Leader.