The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1919-10-24
COURT RULES BLACK CANYON
MAY Be BUILT BY j. S. R. S.

uCNCtopGu us .CNPCHSC, dHu VI st0itN
to it if utilized Whatever may ulti-
terest, admittedly the larger part of
the water is brought into the locality
through project canals, and after per-
collation. is recovered by means of its
drainage bitches, and clearly so long
with the intention upon its part of
beneficial use, it has the better right.
| One who diverts or develops water
losts his superior right only when and
when he voluntarily abandons the
use for it. Apparently il this water
| cannot be delivered to the Black Can
yon lands, an asset otherwise valuable
to the project will be worthless, and
| the construction cost will be cor
respondingly increased for the project
lands; and upon the other hand the
plaintiffs or other third persons will
| be enabled to reap where they have
not sown. Putting it in another way,
the proposed disposition of the water
is incidental to the construction and
maintenance of the Boise Project, and
i tiC ~ OPOSNu lanai - Withtu
the scope OF the authority conferred
by law, and for it the government may
occupy rights of way under the act
/ of August go 1890, or Inappropriate
them by suitable condemnation pro-
reedings.
To avoid misunderstanding perhaps
| it should be added that no importance
is attached to the action of the
RECLAMATION service in attempting 20
include these privately owned Black
Canyon lands in new project en-
bracing a large body of public lands
lying further north, withdrawn from
entry, ostcnsibly for reclamation, by
!. an order anade April Is, 1919, after
which the suit was commenced and
shortly before the trial thereof. These
,tpublic lands are entirely separate from
! the lands under consideration, and liz
! above the proposed canal, and Their
!, reclamation has no substantial rela-
! ton to the enterprise in suit; nor. SC
far as appears, is there any definite
: plan or appropriation for their recla
. lmation, nor has il been finally or alb.
! soIutely decided to undertake sucf
! reclamation. The irrigation. OF tn,
! private lands is therefore not an in
.. cident of the reclamation Of thes,
public lands, bur IS in reality a dis
-l tinct enterprise, having no direct OF
! substantial relation thereto
n In United States VS.. Burnley, IL.
! Fed 615, l7o Fed. l. emphasis wa.
{ placed upon the fact that the reelama
!. ton of its own public lands was tn,
], primary or dominant purpose of tn,
: government, and that was thought Il
be necessary prerequisite to th'
! right or the government to condemn
: land for reservoir site. Whatevei
: may be its ailhximum power under tn.
|. Constitution. as then. so now, it i.
: thought that by the reclamation &C
: congress has chosen to confer author
! ity upon the secretary of the interior
!. only to undertake projects the primar,
4 Tor predominant purpose OF which il
: to reclaim public lands.
: : The evidence touching the interes
the plaintiffs may have in the rich
!. Of way in controversy is of a mos
Z Unsatisfactory character. In the cas-,
! of the Allison and Wright tracts. j
!. conclusively appears that they had M
: vested right when the reclamation of
4 ficials, proceeding underline authorit,
I Iof the act of August 80, 1890, adopted
: their line and took possession Of tn
i necessary right of way. Both tn
: written options or contracts and TIL
Ill deeds exhibited at the trial. thougl
: bearing earlier dates, were admitted,
! executed after the suit was com
r menced. and but short time befor
! the trial. The vague oral understand
! ing the plaintiff Griffiths testified h
3 had heretofore had with the owner
: was binding upon no one. and was in
4 effective as against definite selection
v and actual occupation by the govern
{ ment. The Walter Griffiths deed ais,
: was antedated for the purposes of tn
e lriai. and iikew,se the deed relating i
n .he so-caiied Dung tract. Inc con
m tracts IN these two cases were Prob
n ably gwen before the suit was com
l. meneed, but the descriptions are "a
sd u