Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1920-07-23

some of the other years. prior to tn,
close OF the irrigation season. True
= these hitter figures are subject 20 GER
tain probable corrections hut In no
reasonable view could corrections bring
the amount to approximately 2s7.0oO
acre feet. II in the most favorable
view possible to the plaintiff. we take as
a standard the average available sup
ply in ordinary or normal years. ex-
elusive OF extreme years, IL is inn
possible IN any view ] am able TO take
OF the record 10 find that defendant
could more than supply its outstand-
ing contracts exclusive OF those II has
acquired through foreclosure proceed
mas. The transmission loss in the
main canals is thought to be in excess
OF IS per cent loss upon the computa.
ton made by the State Engineer |
While this computation IL entitled TO
some weight IL rests upon meager
data Upon the other hand. the ac-
tual losses as shown by the records OF
the company for nine seasons average
almost 30 per cent. and while II may
he conceded that these records arc
probably not free from error. they
must be deemed to be much more de-
'endable than computations based ,
upon incomplete data gathered in n
single Investigation, which was far +,
rom being exhaustive
When we come to consider the -
mount Of water available at the canal o.
leads. there is little reason to assume
nhSlantiaI error in the company's rec
rds- Tho records were kept for the S
nrpose OF advising the company Of A
be amounts Of water taken into the @,
'stem. and while doubtless such OBJ c.,
'rVa'ions are susceptible to error m
lere is no reason why we should CON G,
ude that the error was all one way. T,
he records must be deemed to be f,
asonably dependable in that respect NJ
hey show an average intake for the b,
ne years Of a little less than 100000 b
re feet per year. TINS is exclusive
one source, the amount of which w
'wever, is not great. According 70 in
csc records. il we allow only 80 per Or
MT for transmission losses. it viii be of
I'm that the average annual re- Re
urees at the farmers headgates by
counted to a little less than 10000 Sc,
re feet Iiut there is no necessity Co
finding and hence | do not attempt me
determine the exact amount of 7
ter available for defendants use mo
is sufficient to know that with the got
iy hernhefore recognized the sup pro
is and win be insufficient to meet nut
demands of the outstanding con- Ida
cts. exclusive OF those involved in The
S suit, and | have no hesitation in tine
finding Accordingly the prayer OF MAJ
complaint viii be granted. MAJ
defendant has suggested that in the sect
tngency Of such "A holding the T
rec be not made absolute, but that well
re so worded as to permit future the
8 OF water rights, should subse. had
ut experience prove it feasible to pass
-ate additional landso It is not Cald
r how such a provision could be there
rted in a final decree. and this is citiz'
an interlocutory proceedings. Nam
IDLY some provision might he sprea
e by which any further sales made to NJ
ld subordinate TO outstanding chine
s / viii give consideration to Boise
definite proposal which tho defend serve
may make in connection with the citize
ing Of the decree. In the present Cor
is OF the PROJECT carful observation Of thu
e operation of the system during a spl
IA season should furnish infor- sayin
IN reasonably definite and con and '
re and possibly the entry of final sist
e could be deferred, awaiting deveI
a tiy-out with provision iniunc- Wood
Ia the meantime in harmony with ri abb
inclusion herein stated. made
m not sure just what the status srlen'
pleadings is. touching thematter me IN
g amount OF water available TO what
defendant. 1t IS nossiblo that and Il
; TO the inability Of the plain to rec
sooner TO get access TO the de- 'ne @
nt's records. there is anavrment hcipfu
mission Of an available sunn1v Il, ing IN
& Of that for which the plaintiff Cramp
.ontend II so. leave win be speech
ID TO amend the complaint to Conner
~ 20 the proof |rsc,
prohcr
The Man. scented