The Oakley herald. [volume] (Oakley, Idaho) 1908-1961, 1921-04-29
PLANS SUGGESTED
FOR SETTLEMENT
REPRESENTATIVES, OF WATER
USERS ASSOCIATION GO TO
BOISE TO COMPROMISE ON
DIFFICULTIES

The following article, handed to
us by member of the Board of Di-
rectors of the Oakley Canal Users
Association, will be of special inter
est to land owners in Oakley valley.
A committee consisting OF William
T. Jack, John c. DeLaMare and A. G..
Shades, appointed by the board of di-
rectors of the Canal Users Associa-
ton, have returned from Boise,
where they have been in conference
with the State Commissioner of Re
clamation and the attorney for the
Oakley Land and Water Company,
| (the construction company attempt
ing to affecta settlement of the liti-
cation which has been going on for
nearly a decade, over the failure of
the construction company to fulfil
its contract with the entrymen in
supplying one and one-half acre feet
of water per acre, and in which there
is ruling in the Federal court
finding that only seven-ninths of the
amount of water has been delivered
in the past seven years. Foreclosure
suits by the Construction. company
and damage suits against the compa-
ny by the settlers amount to over
three hundred cases and involve
more than million dollars, while
back interest on the deferred pay
ments contracts will approximate
$500, 10000
The committee spent two days in
Boise in consultation with w. G.
Swendson, Commissioner of Recla-
nation, and the attorney. While
there they submitted three plans of
settlement with the company, as
follows:
% To pay the Company 5000
per acre GO of the original price, |
within five years time, and to with
draw all damage suits and litigation, |
provided that the company will settle
the claims of the settlers on lands
excluded from the project, and can
eel all back interest to date, etc.
CD That the entrymen will or
ganize an irrigation district, issue
bonds and pay the company off in
case within six months, at the 10
base price ona 20 per cent discount,
interest to date to be cancelled and
the excluded settlers cared for by the
company. Or,
CD To pay the company a clear {
$4,000 per acre on Carey Act lands, l..
and $4,000 payments in proportion
thereto, and assume all present liza
bilities to excluded settlers, etc.,
withdraw all litigation. ETC., so that
the company might be entirely freed
from all obligations and penalties,
provided that they cancel back inter-
est to date and give deed to all in !,
cluded lands not already decided.
The company's attorney did not
entertain any of the three proposals, G
but submitted a plan providing for !,
the settlers to pay the company 10
of the original price, pay all back
interest, and settle with the settlers :.
on excluded lands, but granting to :
the settlers on Carey Act lands and
old settlers the right to prosecute
all their damage suits against the
This would mean the pay
ment of 10 and 2-9, or $4,000 per
acre, with back interest added Five
years time would be given for pay
ment, at per cent interest, all to be
secured by note and first mortgage
On the land. The committee offered
10 accept this plan with the elimina-
ion of the interest item, which was =,
lot conceded TO them. :,
A