The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1922-05-11

during this same PERIOD b SrodC
many Of the canals (that have found
1t necessary to carry high water
while 1t is available in order to sue
coed with their record rights the
balance Of the irrigation season.
sustained material damage the
amount of which it would be diff
icult to estimate, on account Of be-
ing cut to their record rights"
Swendsen-"I will ask, Mr.. Cot
ton, If you took into account the
licenses issued to water users below
American Falls?"
Cotton-"No, l did not know that
there were licenses issued in excess
of those DEGREES"
Baldwin, have a list which
| gives 1874 sec. #. to the Twin Falls
companies in addition to their de-
| crees."
Cotton-"Surely there wasn't
many licensed rights used at this
particular time as there was 10000
acre feet Of water wasted over the
| Miner Dam when these canals in the
Idaho Falls section had been max
ing beneficial use Of this water be-
fore.
Questions Are Discussed
Swendsen-"There are two sep
arate questions brought up here by
Mr.. Cotton. First, he questions the
| right of the government to store
water in Jackson Lake. Wyo. in on
| flict with the prescribed rights in
| Idaho Falls. Second, the right to
cut off these prescriptive rights and
allow the water to go to waste over
Miner Dam. We will take these up
one at a time"
Banks-"In regard to storing
water in Jackson Lake, will say that
the government Reclamation Service
has a permit to store water in
Wyoming and a decree to the use of
this water in Idaho.
Judge Cowan-"May we inspect
these ~papers?"
Banks-"Yes. (Hands the papers
to Judge cowan, who inspects them,
and later says they are not a decree,
but simply a direction as to how to
s the water.)
Baldwin-"While Mr.. Empy and
I know that many canals in the
Idaho Falls section have run water
in excess Of their record rights dur
ing high water for a number of years
we could not allow them to take
this water in conflict with permit
rights as these rights you speak of
are not a matter Of record and are
only p%rescriptive rights and the per-
mits are a matter Of record"
Cotton-'The record of just what
these canals have and can carry is
available since 1912. Isn't that of
some value?"
Baldwin-'It isn't a record that
this office could be governed by"
Swendsen-"We must be guided
by rights that are recorded and so
long as the U. s. Reclamation Ser
vice have a permit on record for the
storage Of Snake river water l see
no way that we could take the water
from them and give it to these canals
that have prescriptive rights. Have
you any suggestion to remedy this,
Mr.. Cotton?"
Cotton-'It would seem that the
natural water users r about ten
years late, but we intend to start in
now establishing our rights, and we
want to lodge a protest against this
way of doing and will proceed to get
a supplement decree
Swendsen-"I think that would
be the proper thing and l will be
willing to help you get this decree.
Now in the matter of the 10000
acre feet of water wasting over
Miner Dam; if there was such water
wasted it was an error on the part
Of the distribution force" D.;
Baldwin, am free to state that
there was water wasted yer the
Miner Dam for the seven or eight
days that these canals were cut to
their record rights, but it came at a
time when 1t is very hard to predict
what is going to happen and it was
at a time when the river is usually
falling fast, and we used our best
judgment in making these cuts"
Judge Cowan-"May I ask where
you got the legal right to interfere
with the headgates on the river be-
fore storage water was mingled with
the n%atural?"
Swendsen -"Mr. Baldwin Il
deputy commissioner and has the
supervision of Mr.. Empy and surely
you wouldn't question the commits
sioners' right to do this?"
Judge Cowan-"Not if the water
master was properly called out"
Cotton-"May I ask you why yor
: released ONE water from Jackson
Lake on June 81 and %, if the U. s
R. S. were entitled to store this
water?"
Baldwin-"Water was released
on June 81, to take care of decreeG
: rights as we thought the river would
| fail to supply these DEGREES, withou,
l the natural water being released al
Jackson Lake DAM"
Cotton-"I am taking up the mat
ter of the party who draws too much
I water, compensating the party who
loses the water, in a later chapter
s but at this time I would like to sa,
l that these errors which cause loss tt
t the natural water users should b,
compensated for, as this river wal
l not built for the storage water in
r terests alone nor was it built for thu
1 natural water users, but since tn,
natural water users were here frs
we think they should be allowed tt
h enjoy the same privileges they wer,
before the running Of storag'
y water"
VI Baldwin-"Who would you sug
I-