The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1919-07-25

similar contracts with the rec,
lamation service and subse-
ouently cancelled them, were y,
nnheld in their contention that
thew properly bore no relation
to the completed project.
Members of the Payette-Boise
Water Users association Will pc
compelled TO pay only the actuai
cost of the construction OF the
ent;re project, rather than the es-
t;nrated cost. They will have the
nr,v,Iege of examining records OF
the cost prior to paying thear Cd
LEGATION, Judge Dietrich ruled.
Arrow Rock, with its immense stor-
age facilities, and upon which the sue
cess of the project primarily depenas,
shall be considered a portion Oh the
construction costs and must pc paio
bv water users under the project.
History of Case.
Judge Dietrich's. decision is the cui-
minatlon of a years effort on the Pal.
of water users to estaDllsh the eAoel
status of purchasers OF water unoei
the project. Ihe action was Dlousn'
against d. w. Cole, at that time
project manager, and other reclaiha,
ton officials and the three irrlga'ioh
districts mentioned previously.
An injunction, issued by the Cou.
a year ago to prevent reclamation Of
ficlals, acting under direction from inc
department of the interior, TO smut OH
water tor farmers VINO refused 10 pay
the arbitrary construction costs se'
INV the secretary of the interior, re-
mains in force. 1t will remain IN ioies
pending final settlement OF the case
ludge Dietrich held that land owners
could not be compelled to pay charges
assessed against them until the exact
sum of money spent by the reclama,
lion officials had been determined and
farmers had been permitted to exam
inc the records.
Secretary in Error.
Judge Dietrich, in passing on tht
construction costs to be paid, helt
that the secretary of the interior
when he set an arbitrary rate OF $o'
per acre, failed to keep within tn
statutes. He held that charge
should have been estimated from tim
to time and published. Because Q
failure to do that the federal govern
ment can collect from settlers unde
the project only by determining IN
actual cost. This includes both IN
Arrow Rock reservoir and the pi
distributing system, which provide
water for $4,000 acres aside from IN
districts watered under auxiliary cor
tracts. e.
The case grew out Of the effort
of the Boise-Payette Water User
association to restrain reclamatio
officials from collecting nothin
above the original estimated cost
the project, which was given at y
per acre. At that time no thought WI
taken of the Arrow Rock dam and
was not until afterward that the d.
cision was reached that this constru
ton was necessary to establish u
UNIQUE stioned success of the pro3ects
Arrow Rock Increases Cost.
Arrow Rock entailed an addition
expenditure OF several million doiia
not included in the original esama,
and which largely accounts for .
greatly increased cost OF the pfoje,
When settlers refused to pay u
much greater amount the secretary
the interior ordered that water Dc
supplied users who refused to me
their payments. This action "
halted by court restraining ora
which still remains in force.
Lawyers who handled the case ma
expressed themselves as being gu
wall satisfied with the decision giv
by Judge Dietrich, and IT is
thought likely that an appeal wiii
taken.