Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1922-07-14


River Water Users Associa-
tlon corporation Big Wood
Canal Company, a corpora
tion.
Plaintiffs,
S.H. Chapman, Watermaster
Defendant.
To S. Fl. Chapman, Watermaste
defendant and to whom it may con
4 cern:
You are hereby notified that tn
! plaintiffs in the foregoing entitle
case have instituted suit in the Dis
trict Court Of the Fourth Judicial Dis
trict OF the State Of Idaho, in ard TO-
the County of Lincoln, against S. II
Chapman, Watermaster, under tn
Provisions OF Section 1886 OF the Idaho
4 Cmpiled Statutes OF 1919 and, by tn,
4 complaint on file in said action claim
to be the owners Of and entitled tc
The use Of eighteen 18) second feet
of the water Of Big Wood River, az
saved and developed water, as OF a
tpriorjty of September 1st., 1920. Said
tcomplaint claims that plaintiffs are
the owners OF and entitled to the use
OF said water 10y reason OF the fact
that plaintiffs constructed certain
dams, bitches and other devices for
the purpose OF diverting all Of the wa
ter of Big Wood River by and around
that portion of Big Wood River loca-
ted in Blaine County, known as the
dry beds, where great and contin-
uous loss of the water Of Big Wood
River occurred annually, the point OF
diversion Of said bypass being at a
point in the SEA of the SWA Of Sec
ton 10, Township North, Range 1s
East, B. M, about one thousand feet
north of the Section Line between
Sections ID and "a of said Township
and Range, said bypass following the
old Canal No. SIS in a southerly di-
rection about six thousand seven hun
dred feet and thence through an en-
largement of the Black Ditch to the
Section Line between Sections rs and
SO of said Township and Range, thence !
west through new constructed Sec
ton to an old slough, a distance of
about two thousand seven hundred
feet, thence in a southerly direction
FOR, about two thousand seven hundred
feet, where it empties into the main
channel of Big Wood River.
You are further notified that the
Plaintiffs were not parties plaintiff or
defendant in the suit of S. c. Frost,
t al. VS.. Alturas Water Company, ct
(which suit was brought in the Dis
riot court of the Fourth Judicial Dis
riot of the State of Idaho in and for
lincoln county, and by which the
riority rights of the users Of the wa
ers of the said Big Wood River and
IS tributaries were adjudged and al
owed, being a decree of said water.
ntered December seventeenth, 1909
ut that the plaintiffs have acquired
heir rights since the entering of said
ecree and that the plaintiffs accept
s binding upon them the said decree
nd it's findings of fact and conclu-
ons of law. Plaintiffs in said COM
laint ask to be decreed to be the I
wners of and entitled to the use of
nd eighteen second feet of the water
Big Wood River as saved and de- =
sloped water in the following pro-
1rtions, to-wit: That during the ir-
cation season, the Upper Big Wood
liver Water Users Association be de- o.
eed to be the owner of and entitled
the use of five hundred sixty-one 7.
Id six-tenths inches and the Mutual 8.
God River Water Users, Association II
be decreed to be the owner of and
TITLED to the use of one hundred
venty four and six-tenths inches. 1;
i'd that the Big Wood Canal Com al
my be decreed to be the owner of L
Id entitled to the use of one hun -
ed sixty three and eight tenths II
ches.
Plaintiffs further ask that the Big
God Canal Company be decreed to
the owner Of and entitled TO the use
all OF the winter flow Of said water
Plaintiffs also ask for such other and ,s
neral relief as may 70 the court seem Is
81.
Paul $. Haddock. and Ross b. Had ~
elk, Attorneys for Plai0ilys. resi- 81
nee and y. o. address. shoshone.
mo julien