Evening capital news. (Boise, Idaho) 1901-1927, 1919-05-04
Direct the Commissioner of
Reclamation to Proceed
Against the Idaho Irrigation
Company.
HEARING is AUTHORIZED
Must Show Cause Why Order
Should Not Be Made Perma-
nent-Date Set for May 20
will Test Out Issue.


the cooperation of w. G. Swendsen
commissioner of reclamation. will !
test out the question of the sale of
commissioner believes is available for
irrigation purposes under the project
of the Idaho Irrigation company.
The board made the first move Satur-
day after Fred r. Goodng, Frank |
Gooding and others appeared before it
urging that action be taken to prevent
the sale Of water in excess of the
available supply. The company claims,
in defense, that it has the necessary
water
The action is under the provisions OF
a law passed by the legislature con-
ferring upon the land board jurisdic-
ton to prohibit the sale of additional
water rights where investigation dis
closes to it that the supply is not ade-
quate. The case at issue will test
this law.
Commissioner Swendsen issued an
order following the board meeting di-
recting the Idaho Irrigation company
not to proceed with the sale of fur
ther water rights and citing it to ap-
pear before him May 20 to show cause
why the order should not be made
permanent.
ORDER ISSUED.
The order Is as follows:
The state of Idaho, having here
tofore entered into q contract or con-
tracts with the Idaho Irrigation works
| for the irrigation and reclamation Of
a body of desert lands lying in Good
ing and Lincoln counties, Idaho, segre-
gated by the United States govern
ment, all pursuant to and under and
by virtue of the provisions of Section
of the sundry civil appropriation act
| of the congress of the United States,
approved August Is, 1894, and common
! ly known as the Carey Act and the
statutes of the state of Idaho apper-
tanning thereto, of which said lands a
large body has been entered by actual
settlers and contracts for the delivery
of water to said settlers made by the
said Idaho Irrigation company, linn
tied;
And it now appearing to mo, the
| commissioner of reclamation of the
state of Idaho, after examining all OF
| the available data and records pertain
| ing to the water supply for the lands
embraced within the said Idaho Irri-
cation company's project, that the wa
ter supply of the said Idaho Irriga-
ton company, limited. is only suffici-
ent to properly irrlgate and reclaim
| the lands which are now sold to ac-
tual bona fide settlers and upon which
contracts are now outstanding and
| that there is not available, after the
provisions of these said contracts have
been fulfilled, any water for lands now
unsold or for lands to which shares
of stock or water contracts now In
the hands of the Idaho Irrigation COM
! pany, NJ. r. Hays, trustee, or any
other person or persons may be ap-
/, piled:
SALES ARE FORBIDDEN.
Now, therefore, under and by vir-
tue OF the authority in me vested. the
said Idaho Irrigation company, limited,
and NJ. r. Rays, trustee, are hereby
forbidden and prohibited from making
any further or additional sales of wa
ter rights or shares of stock represent
ing or evidencing water rights. or en-
tering into any further contract or
contracts for the sale of water rights
for lands to be watered from the sys-
tenn or irrigation works of the said
Idaho Irrigation company, limited.
This order shall be effective forth
with and continue In force until my
| further order.
And it is further ordered that the
goth day Of May, A. d. 1919, at the
hour Of 10 o'clock a. m, at my office
in the state house in Boise City, Ada
county, Idaho, be and the same is
hereby fixed as the time and place
when and where the said Idaho Jrri-
cation company, limited, may. If it so
desires, appear before me and show
cause il any they have, why said or
der shall not be made permanent.
1T is further ordered that certified
copy OF this order be delivered forth
with to Oppenheim E. Lampert and
Walters & Hcdgin local attorneys of
the said Idaho Irrigation company,
limited, and notice thereof, by like
certified copy be given the president
or secretary of the said company and
to NJ. f. Rays, trustee"