272 



THE IRRIGATION AGE. 



be used in the same way ; and the power of the artes- 

 ian well is only in its infancy. The same question is 

 agitating the people of Australia and South Africa, 

 so that Mr. Smythe without exaggeration might have 

 entitled his paper ' Irrigation the Great Question of 

 the Nations." 



The St. Louis Republic published the address in 

 full and its editor spoke of it as the chief feature of 

 the six days' session of the Congress. 



IRRIGATED FRUIT LANDS. 



Did you see the fruit in the Idaho Exhibit at the 

 World's Fair? Nothing finer, first premiums and all 

 raised on irrigated land. It's sure, it's abundant, it's 

 profitable, it's your opportunity. 



The country is new, the lands are cheap, and the 

 eastern market is from 500 to 1,500 miles nearer than 

 to similar lands in Oregon, Washington and Cali- 

 fornia. 



Advertising matter sent on application. Address, 

 E. L. LOMAX, G. P. & T. A., Omaha, Neb. 



Farmers in the vicinity of Schuyler, Nebraska, 

 have a prospect of obtaining water for irrigation, as 

 the Platte and Colfax County Irrigation and Canal 

 Company has been incorporated and a corps of en- 

 gineers are already surveying the route of the canal, 

 which will draw its supply of water from the Loup 

 river. 



Ex-Governor B. H. Eaton, of Colorado, is one of 

 the most extensive irrigation farmers in the country. 

 The past season, he has had farmed ninety-five quar- 

 ter sections in the vicinity of Greeley and adjacent 

 towns. As all his farming is by irrigation, it is need- 

 less to say that his returns have been large. 



Many new buildings are being erected in La Junta, 

 Colorado, and the town is prospering. 



It is reported that Mr. Parker Earle, ex-president 

 of the American Pomological Society, in connection 

 with Messrs. Stark Bros, of Louisiana, Mo., has de- 

 cided to embark in apple growing on a grand scale in 

 the Pecos valley, New Mexico. The parties inter- 

 ested are expected ultimately to plant orchards there 

 aggregating 10,000 acres. 



The Nebraska State Association will hold its next 

 session in Kearney, beginning December 18, 1894. A 

 large attendance is expected, and the meeting will 

 undoubtedly be an enthusiastic success. 



The Curtis irrigation canal is being extended to 

 cover more land below Curtis, Arizona, and incor- 

 poration papers have been filed. 



REGENT LEGAL DECISIONS. 



Prescriptive Rights for Use of Water for Irrigation. The fact 

 that the owner of land on a fork; of a stream used all the water in 

 such fork, does not show such an invasion of the rights of a prior 

 appropriator of water from the stream below the two forks as to 

 give to the former a prescriptive right to use all the water in the 

 Fork, the lower owner having always received enough water for 

 his purposes through the supply coming from the other lork of 

 the stream. Though it is a question of fact as to the amount of 

 water actually diverted by a person claiming a right thereto by 

 prescription, yet, as it is a matter of common knowledge that 

 persons build their ditches with a view to the quantity of water 

 needed, slight testimony is sufficient to show that the full capac- 

 ity of his ditch was used. 



Faulkner v. Rondoni. (Supreme Court of California.) 37 Pac. 

 R'ep. 883. 



Compensation of Attorney for Collection of Claims Under 

 Drainage Act. Where one employed an attorney to collect cer- 

 tain judgments against a drainage district for land taken and ma- 

 terial furnished, he to receive a certain amount if successful. At 

 the time the judgments had been declared void, the act organiz- 

 ing the drainage district being unconstitutional, the legislature 

 passed an act providing for the payment of claims arising under 

 the drainage act. TheT>pard of examiners, acting under the lat- 

 ter act, on the presentation of such claim by another attorney, 

 employed without the first attorney's consent, allowed the claim 

 for the same amount as the judgments, though they, being void, 

 were not admitted as evidence of the claim. The ' judgments " 

 and the claim allowed were in effect the same, and the first attor- 

 ney was entitled to the agreed fee. Where a person, after hav- 

 ing employed one attorney to collect a claim, without the latter's 

 knowledge employs another to collect it, the burden of proof is 

 on him to show that the first attorney had either expressly or by 

 lack of effort abandoned its collection. 



Craddock v. O'Brien. (Supreme Court of California.) 37 Pac. 

 Rep. 896. 



A California Suit. The San Joaquln and Kings River Canal and 

 Irrigation Company, of California, asks $20,000 damages against 

 the Fresno Flume and Irrigation Company because the latter di- 

 verted the water from Stephenson creek, which the former com- 

 pany claim, their right dating back as they say to 1871. 



Idaho Bond Foreclosure Suit. A. suit entitled Alfred Eoff and 

 H. B. Eastman, trustees, v. the Boise City and Nampa Irriga- 

 tion, Land and Lumber Company, ct al. has been commenced. 

 1 he suit is brought to foreclose mortgage bonds in the sum of 

 $50,000 issued in 1888- W. E. Borah is attorney for the trustees. 



A Utah Complication. George C. Whitmore, of Nephi, Utah, 

 has commenced suit against E. H. Sparks and the Nephi Irriga- 

 tion Company to recover damages in the sum of $750 for the con- 

 version of six certain shares ofwater belonging to plaintiff. The 

 water is valued at $50 per share and plaintiff seeks to regain pos- 

 session of same. 



NEW COMPANIES. 



Arizona.. Coronado. The Coronado Canal and Land Com- 

 pany has been incorporated by John B. Francis, Benjamin F. 

 Rhodehamel, James M Rice, George H. Littlewood, Joseph B. 

 Greenhut and others, for the purpose of constructing, maintain- 

 ing: canals, ditches, flumes, aqueducts, dams and reservoirs and 

 such other appliances as may be necessary in impounding, con- 

 ducting, controlling and delivering water for irrigation and other 

 purposes. Capital stock. $2,000,000. 



Kansas. Stockton. The Stockton Irrigation and Power Com- 

 pany, of Stockton. Rooks County. Capital stock, $100,000. Di- 

 rectors: I. N Pepper, T. E. Baldwin, A. E.Wilson, J. W. Callen 

 der, I. W. O'Donnell, George O. farr, P. H. Cooper. D. B. 

 Smyth, M. J. Coolbaugh, Jr., Charles Alexander and J. Q. 

 Adams. 



Kansas. /ngaHs.The Ingalls Irrigation and Canal Com- 

 pany has been incorporated with a capital of $50,000. The com- 

 pany will construct and maintain a canal, together with ditches, 

 laterals, dams, dykes and flumes for the purpose of irrigating a 

 large acreage of land in Gray County. Directors: D. W. Bat- 

 ton, D. B. Hungate, Smith Payne.W. M. Brooks and C. B. Doug- 

 lass. 



Nebraska. Schuyler. Articles of incorporation of the Platte 

 and Colfax County Irrigation and Canal Company have been filed, 

 The incorporators are Orlando Nelson, Clayton A. Gates, Ira E. 

 Gates, Charles A. Woolsley and Elon W. Nelson. The purpose 

 of this incorporation is, as the title suggests, to construct a canal 

 principally for irrigation purposes; said canal to start from a 

 point in the Loup River about two and a half miles southeast of 

 Genoa, Nebraska, and run through Platte County and through 

 Colfax County about as far as Schuyler, there emptying either 

 into Shell creek or the Platte river making a canal about forty 

 miles in length and carrying sufficient water to irrigate at 

 least 150,000 acres. 



Nebraska. Hastings, The Elaine County Irrigation Com- 

 pany was incorporated last week, and surveying the route of the 

 proposed canal has already been commenced. The company 

 starts with an authorized capital of $40,000, and its officers are as 

 follows: E. W. Rankin, president; S. A. Daily, vice-president; 

 E. H. Riggs, secretary, and P. C. Erickson, treasurer. The pro- 

 posed ditcn will be about twenty-five miles long through Elaine 

 County. 



Texas. Brown-wood. The Brown County Irrigation Com- 



any has been organized by C. H. Jenkins, S. R. Coggin, F. A, 

 winden, C. C. Wilkins, W. H. Clark, D. H. Wood, J. F. Smith, 

 J. W. Taylor and L. C. Scott. The company will build an im- 

 mense dam for irrigation purposes. 



Wisconsin. Monroe, American Falls Land Irrigating and 

 Power Company. Monroe; capital, $200.000; incorporators: Nico- 

 laus Schmidt, John Legler and Henry H. Hefty. 



