THE IRRIGATION AGE. 



33 



" The body of the work, as the title indicates, is de- 

 voted to the arid region doctrine. This shows the 

 readiness with which the author states the principles 

 controlling the adjudged cases, and will \ e the means 

 of saving much valuable time to the profession. In 

 the few instances in which he gives his conclusions 

 upon principle, these are reasoned out with a pre- 

 cision and logic which causes the reader to wish that 

 the author had given his views more frequently in- 

 stead of resting content with a statement or the views 

 of others, which are often in conflict with one an- 

 other. 



"The chapter on legal remedies, although brief, 

 contains a sjnopsis of the various remedies that may 

 be resorted to where rights are interfered with. In 

 the concluding chapters of the work the various State 

 and territorial laws upon the subject of irrigation are 

 given in full. These furnish a handy reference to the 

 lawyer and legislator, and will, it is to be hoped, re- 

 sult in bringing the legislation of the various States 

 and territories more in harmony. 



"Altogether the work is a valuable treatise upon 

 the law of irrigation, and should be found upon the 

 shelves of every law library in the arid region. 



"CHARLES D. HAYT." 



Recreation for February will not be behind its 

 predecessors in attractions for the sportsman or 

 the general reader. Prominent in the table of con- 

 tents will be "The Vulnerable Spot," by Dr. ]. N. 

 Hall; "Trouting in Alaska,'' by Major John Brooke, 

 U. S. A. ; "Goat Hunting in the Cascade Mountains," 

 by J. S. Stangroom ; "A Bear in Camp,'" by Prof. F. 

 V. Y eager; "An Episode in a Summer's Outing," by 

 Harvey M. Harper, and the conclusion of President 

 Bates' thrilling story "The Giant Wolf of Bonaplace," 

 all of which will be liberally and beautifully illus- 

 trated. 



Many interesting items and much useful information 

 will be given in the various departments. 



Don't fail to see the February number of Recrea- 

 tion. The price is SI a year or 10 cents a copy. It 

 is published at 216 William street, New York. 



RECENT LEGAL DECISIONS. 



Some Colorado Cases. Litigation on water-right issues still con- 

 tinues in Colorado. As the water becomes more valuable, and 

 the pressure for water increases, questions which have been un- 

 settled in the past years now come up for judicial determination. 

 In the District court of Larimer county, Colo., a suit has been 

 heard between the Larimer County Water Supply and Storage 

 Company vs. the Larimer and Weld Irrigation Company, the 

 former company attacking the decree of the latter ditch, assert- 

 ing that the amount decreed was based on erroneous calcula- 

 tions. If the suit be decided in favor of the plaintiff, it must 

 result in the unsettling of the decrees of many of the other 

 ditches, for it is notorious that the decrees have not represented 

 in many cases either the amount of water needed under the 

 ditches at the time or the carrying capacity of the ditches. 



The Larimer County Water Supply and Storage Company 

 have also begun suit against the decree of the North Poudre 

 canal. In this case the decree was a conditional one given 

 before the construction of the ditch. The plaintiffs allege that 

 the conditions were not fulfilled, and that in consequence the or- 

 der of priority should be changed, making the company of the 

 plaintiff take precedence of the defendant. 



Both of the above suits have been heard, but the decisions 

 have not been rendered. 



In the case of B. F. Hottel, a mill owner, against the Larimer 

 and Weld canal, the decision of the court was for the defendant. 

 In this case the Larimer and Weld canal was the enlargement 

 and extensi9n of a smaller canal known as No. 10, which was but 

 a few miles in length, and watered a comparatively small area. 

 The Larimer and Weld canal succeeded to the rights of the old 

 No. 10, and it has been the practice during the past few years for 

 the canal to use the water which was decreed to the old water- 

 right owners under the old No. 10, and unused by them, to sup- 



ply the users further down the ditch, and at times when the 

 water is not needed for irrigation, as in the winter season, to 

 store the same in some of the reservoirs of the defendant com- 

 pany. The plaintiff claimed that the Larimer and Weld canal 

 had no right to do this, and that it was an injury to the plaintiff, 

 inasmuch as its mill-power canal headed below the headgate of 

 the defendant. Several collateral issues were connected with the 

 main question, but on the main question the judge declined to 

 disturb the water-right decrees which have been rendered prev- 

 iously, and in which the plaintiff was a party at the time. 



Construction of Deed of Water Rights.~One who conveys 

 land through which a stream flows by a deed which provides that 

 it is intended to and does convey the right to lay a one-inch pipe 

 so as to carry the running water from the stream to certain land 

 of the grantee perpetually and forever, cannot afterward, as the 

 owner of adjoining land through which the stream flows, lay a 

 pipe in the stream which will so divert the. water as not to leave 

 sufficient to fill the one-inch pipe of the grantee. 



Yocco v. Conroy. (Supreme Court of California.) 38 Pac. Rep. 

 107. 



Rights of Owner of Ditch on Another's Land to Alteration 

 and Repair. The owner of an irrigation ditch has, as against the 

 owner of land through which it runs, the right, in making re- 

 pairs, to deepen it from one to seventeen inches for a distance of 140 

 feet, and to gradually lower the bed thereof one foot in a distance 

 of 170 feet , where the object is to make the ditch of a uniform 

 grade and to remove from its bottom local irregularities, and the 

 repairs do not increase the flow of water. Where a complaint 

 alleges a material widening and deepening of an irrigation ditch 

 running through his land, a denial of the allegation, followed by 

 an averment that "on the contrary said ditch is no wider, nor is 

 it any deeper," raises the issue as to whether the ditch has been 

 materially widened or deepened. An easement of the character 

 involved in this case is property, to the reasonable and profitable 

 use and improvement of which due regard being had to the rights 

 of others, the owner is entitled. Bringing the ditch to a uniform 

 grade by removing local inequalities, such as are stated in the 

 findings, is not a deepening of the ditch. The prescriptive 

 right, as to depth, is determined by the grade and general depth 

 of the ditch, and not by local and unimportant irregularities in 

 the bottom of it. 



Burris v. People's Ditch Co. (Supreme court of California.) 

 37 Pac. Rep. 922. 



NEW COMPANIES. 



California., Itedlands. Articles of incorporation have been 

 prepared of the Barton Pipe Line and Water Company. The 

 object of the corporation is to supply water to a tract of land 

 near Redlands, and attend to other matters usually devolving 

 upon such. One thing to be done is the sinking of a system of 

 wells for the safety of the water system. The president of the 

 company is W. A. Nichols; S. A. Grover, secretary; W. J. Mel- 

 ville, zaniero; those and the following are the directors: F. B. 

 O. Kelly, B. G. Burdick, Edward Quinne, W. H. Sargent, Thos. 

 Blakely, 



Texas. Cristoval. The Louisa Mores Irrigation Com- 

 pany has been incorporated by P. H. Mores, Mark Fury and 

 Frederick Mores, for the purpose of constructing dam for irriga- 

 tion. Capital stock, $100,000. 



Laredo. The Manadas Irrigation Company has been incorpor- 

 ated by J S. Taylor, C. A. Higby and G. N. Howell, for the pur- 

 pose of constructing canals for irrigation, etc. Capital stock, 

 S10.000. 



Washington- Waterville. The Entiat Improvement Com- 

 pany, incorporated by Frank Ford, A. E. Case, A. L. Rodgers, 

 M. B Howe, to construct and operate irrigating ditches. Capi- 

 tal stock, $8,000. 



Tacoma. Spokane and Lincoln County Land and Develop- 

 ment Company, incorporated by Clarence L. Dawson and Isaac 

 B. Moore. Capital stock, $10,000. 



D. F. Hostetter of Wauneta, Neb., has conipleted his reservoir 

 and placed in position a sixteen-foot windmill. He will also build 

 an irrigating plant. 



Work on the C. B. Hoffman irrigating plant near Enterprise 

 Kansas, is progressing rapidly. 



High 



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