Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1920-02-13

The Idaho Irrigation company en-
tered into contract with the state
to construct the system. The state
land board was the duly authorized
agent for the state to enter into such
a contract. The state land board, ex-
ercising its legal right to do so fixed
the duty of water for this project at
five eighths of an inch per acre. The
Idaho Irritation company accepted that
amount when it signed the contract
and in it's contract with the settlers
it agrees and contracts to sell to the
settler five eighths of an inch. Later
the Irrigation company represents to
the United States government that
five eighths of an inch was required
as the duty of water for these lands
and also that the Irrigation company
possessed water to supply that a
mount for the acreage it was then
seeking patent from the L. s. gov
ernment.
Later developments demonstrated
that the water supply was short of
that amount for the acreage claimed
by the Irrigation company. That as
matter of fact there was water for
only some 5spOO acres using five
eighths of an inch during the full
irrigation season but if the season
were limited to from May to Sep
tember 1 there was n sufficient sup
ply for about 10000 acres.
The Irrigation company then raised
the question of the duty of water on
this tract and put forth the claim
that five eighths of an inch was
more than necessary and under the
cover of the general law of irrigation
that no irrigator was entitled to more
water than he could benefcially use.
The company had been attempting to
demonstrate less and less quantity
than the five eighths which it first
certified to the state was necessary.
then certified to the Federal govern
ment was necessary and also inserted
into its contracts with the settlers
as the necessary amount The posi-
tion of the company is exactly that of
man who having sold a tract of
land with Il joker in the deed pockets
the proceeds and then begins action
against his victim to cancel his title
because OF the faulty deed.
Since all Cary act systems must
at some time be turned over to the
settlers for operation. the contract be-
tween the Idaho Irrigation company
and the state provided for the or
ganization of an operating joint stock
company TO be known as the Big
Wood River Reservoir and Canal COM
pany. This contract provided that
when the irrigation company had
corplied with certain conditions of
the contract. and the state engineer
and the state land board had APPROX
ed Of such compliance. the operation
of the system was then to be reposed
in this Big Wood company Until
the Irrigation company has complied
with these conditions there was no
occasion for the organization of the
Big Wood company
Some four years ago it became evil
dent that there was not enough water
to supply five eighths of an inch to
each acre sold. 1t was also evident
that the Irrigation company contem-
plated selling lands far in excess of
the available water supply. There
was no organization of settlers pre-
pared to oppose the activities of the
and defend the water rights
Of the lands then sold. It left the
with a free hand to dis
pose of enough lands to reduce the
available water supply to an amount
so small as to make the water rights
without value. To meet this situa- /
ton the water users organized the |
Farmers Protective League and be-
gan the necessary steps to restrain |
the company from over selling the I
ands and thereby reducing the water I
tight TO a thing of no value To op- I
pose this organization the Big Wood
River Reservoir and Canal company
vas organized. through the influence
II the Idaho Irrigation company, di-
'ectly or indirectly. 1t was the evil
lent intention to divide the energies
# the water users and while they
we're fighting among themselves
through their two organizations, the
ctivities of the Irrigation company
ouid proceed unrestrained. or at least
With less restraint than if the settlers
we're acting in unison.
The most subtitle propa ganda has
zen used to ncite these two organ
Of tne settlers to eat each
'ther up Will The real fpie over
'hich they wero figntins would be
obbled by the Irrigation company as /