Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1922-06-09
SUPREME COURT SUSTA|Ns TAPER
IN SUIT FOR DAMAGES AGAINST
IDAHO IRRIGATION CO.
Full Text Of Opinion

equitabIy distribute it among the land :
owners. The contract between the re-
spondent and the State OF Idaho, en-
tered into on the Sth day of May, 1907,
which covered the lands embraced in
lists No. 8, contained the following
provisions:
4. Appropriation Of Water.
| 1T Is understood that the party of
the second part Is the owner Of a right
to divert from the Big Wood River and
Malad River 8 900 cubic feet per sec
ond of time Of water, under permit
Number 1917, issued by the State En-
gineer Of the State OF Idaho, on the
18th day OF November. 1905.
And the said party of the second
part agrees to furnish and deliver to
| the owners OF shares in said reservoir
and irrigation system, as specified in
| the other provisions Of this contract.
all OF said appropriated waters to
which the said second party may be
! entitled to the extent OF one -eiehtieth
(1-80) of one % cubic foot per second
OF time per acre, said water to be fur
nished for the reclamation OF the lands
| included in said First Segregation
list No. 3, together with any other
| lands not included in said First Se-
gregation, but which are so situated
as to be susceptible of irrigation and
reclamation from the canal and dis
tribution system designed for the ir-
rlgation of the lands included in said
List No. 8.
And the said second party hereby
covenants and agrees that it has not
done, suffered or permitted on its part
any act or thing by reason whereof
the appropriation so made, of the wa
ter OF Big Wood River and Malad Ri
YER for the purpose of the irrigation
and reclamation of lands through the
system of work to be constructed here
under has been or in the future NAV
be in any way impeached, clouded or
impaired"
:. s. Application for Lands,
"The said party of the first part
through its State Board of Land Com
missioners, agrees that it will not an
prove any application for or filing on
the lands herein referred to as the
First Segregation. List No. 9, until the
or persons so applying shall furnish
10 the SAID Board true copy of the
contract entered into with the party
OF the second part for the purchase
OF surhcient shares of water rights
In said reservoir and irrigation sys-
tenn for the irrigation of said lands.
said shares of water rights to be evil
denced by the stock of the Big Wood
River Reservoir and Canal Company.
as hereinafter provided.
The second party stipulates
and agrees that to the ex-
tent of the capacity of the irrigation
works and to the extent of it's water
rights, it will. as rapidly as lands are
open for entry and settlement sell or |
contract to sell water rights or shares |
for land to be filed upon to qualified |
entryment or purchasers without pre- |
ference or rartiality, other than that
based upon priority OF applications: it
being understood, however, that pri-
'rlty Of application or priority of entry
'r settlement shall not give any pri
'rlty OF right to the use OF water
lowing through the canal as against
upsequent purchasers, but shall en-
lite the purchaser to a proportionate
interest only therein, the water rights
Iaving been taken for the benefit of
he entire tract of land to be irrigated
rom the system. The priority of the .
ppllcation upon the opening days !,
hall be determined by a system of
rawlng under the direction of the | ,
tate Board of Land Commissioners" ,
8. Price of Water Riqhts.
But in no case shall water rights :
r shares are dedicated to any of the !.
lnds aforementioned or sold beyond !
he carrying capacity of said canal
Ftem or in excess of the appropria- !.
on of waters as hereinbefore men
oned"
y. Transfer of Management and
Possession of Canal.
1T being necessary to provide
'nvenient method OF transferring the s
ynership and control of said canal ),
ON the said party Of the second part -
rein to the purchasers Of said water
ghts in said canal and for determ-
ing their rights among themselves
d between said purchasers and the i.
rty Of the second part herein, for the !,
rpose OF operating and maintaining -
I'd canal during the period OF con- =
-uetion and afterwards and for the n,
rpose Of leyying and collecting tolls, -
argos and assessments for the car !.
lpg on and maintaining OF said canal q,
nal and the management and oper- AZ
on thereof q is hereby provided ~,
a as soon as said lands are ordered -,
own open FOR settlement a corpor- N
on 70 be nown az the Big Wood tls
yer Reservoir & Canal Company, ~,
olled shall DE- formed a. the eK- 40
lse - the party of the second part thl
Articles - Incorporation ~ faid pe
npany a. pa ~ q form approved by shI
AiioHep Hensfn ~ the stats ~
ho| fnai the anihonsed QaQiial
'N nf s1if corporation shail pa one
0ilsN Yplnl, ,ilN lDousara 4 laf