354 



THE IRRIGATION AGE. 



Supreme Court Decisions 



Irrigation Cases 



The right to appropriate water for irrigation purposes 

 where the doctrine of prior appropriation obtains is not con- 

 fined to riparian proprietors. Boquillas Land & Cattle Com- 

 pany v. /. N. Curtis. Supreme Court of the United States. 

 29 Sup. Ct. Rep. 493. 

 DUTY TO KEEP CANALS IN REPAIR. 



It is the duty of canal and water companies to keep their 

 ditches and canals in repair, so as to carry the water to the 

 several consumers along the lines thereof. Niday v. Barker. 

 Supreme Court of Idaho. 101 Pacific 254. 

 RIGHT TO WASTE WATER. 



Where a canal company furnishes an applicant with 

 waste water from a drain ditch, supplied wholly with water 

 wasting from other lands, the user thereof can not compel 

 the canal company to maintain such waste water, even though 

 a rental is charged therefor when used ; for the rights of the 

 user depend wholly upon the water wasted into the drain 

 ditch, and his right thereto. Gcrber v. Nampa & Meridian 

 Irr. Dist. Supreme Court of Idaho. 100 Pacific 80. 

 CHANGE OF MODE OF COLLECTING WATER. 



Where a water company had been diverting a certain 

 amount of water from the wash of an artesian basin contin- 

 uously for fifteen years, by means of cuts and trenches, it 

 was entitled, when its supply began to fail, to drive wells in 

 the wash by means of which the requisite quantity previously 

 diverted was obtained from the same source of supply, as the 

 wells only constituted a different means of collecting water. 

 Barton v. Riverside Water Company. Supreme Court of Cali- 

 fornia. 101 Pacific 790. 



RESPONSIBILITY OF WATER RESTS UPON CANAL COMPANY. 



Where the right to the use of waters from a canal has 

 attached within the purview of the provisions of section 4 

 of article 15 of the constitution, and the water user pays or 

 tenders the established water rental therefor, the question 

 of the expense of delivery or the amount of waste by seepage, 

 percolation, and evaporation can not be charged to the water 

 user and consumer, but the burden and responsibility thereof 

 rests upon the canal company. Nidday v. Barker. Supreme 

 Court of Idaho. 101 Pacific 254. 

 FEES OF STATE ENGINEER. 



Upon the issuance of a certificate by the state engineer 

 certifying to the completion of the works necessary to apply 

 the water to a beneficial use, he may exact a fee to cover the 

 expense of the examination of such works from the person or 

 persons, on submitting the proof of completion, as follows : 

 For ditches and canals or other works having a capacity of 

 10 cubic feet per second of time, or less, a fee of $5 ; and 

 where the capacity is more than 10 cubic feet per second, 30 

 cents for each second foot of the capacity of such works. 

 Idaho Power & Transportation Company v. Stephenson, State 

 Engineer. Supreme Court of Idaho. 101 Pacific 821. 

 MEXICAN LAW. 



The grantee from the state of Sonora, Mexico, of land 

 on the San Pedro river, can not claim to have acquired, 

 under the grant, rights as a riparian proprietor of which he 

 could not be deprived by a subsequent attempt to appropriate 

 the water, since the doctrine of appropriation was, to some 

 extent, at least, in force in that state by custom, irrigation 

 having been practiced in the Santa Cruz valley prior to the 

 cession to the United States, and the right of appropriation, 

 without regard to the riparian character of the lands, having 

 been in force there probably from the time when the Spaniards 

 first settled in the valley. Boquillas Land & Cattle Company 

 v. /. N. Curtis. Supreme Court of the United States. 29 Sup. 

 Ct. Rep. 493. 

 SALE OF WATER BY IRRIGATION COMPANY. 



A contract for the sale of a water right by an irrigation 

 company, containing, as one of the conditions of such sale, 

 unforeseen, or unavoidable accident which shall cut off or 

 diminish the supply of water, or if the volume of water proves 

 insufficient from drouth or from any other cause beyond the 

 control of the company, the second party shall be content 

 with his pro rata share of water which the company may have. 



IRRIGATED 

 LAND 



Open to Settlement 



Some of the richest and most productive farm land 

 in the world lies along the Shoshone and the Big Horn 

 Rivers in the "Big Horn Basin" of Wyoming. Over 

 ten million dollars is being spent by the United States 

 Government and by private enterprise in building 

 great concrete dams and ditches in order to lead an 

 inexhaustible supply of water to irrigate some of the 

 best of these lands and make them independent of 

 rainfall. A great portion of this work is completed, 

 and these lands, with a perpetual supply of water for 

 irrigating them, are now offered you on reasonable 

 terms. 



This is an Unusual Opportunity 



to get a wonderfully productive farm, with water 

 whenever you want it, regardless of rainfall; in a 

 country where a single crop can be made to pay for 

 the land; where 50 bushels of wheat or barley, and 75 

 bushels of oats are commonly grown to the acre; 

 where fruits grow luxuriously and where the glorious 

 air and sunshine, summer and winter, make life a 

 joyous thing. 



This wonderful country is developing fast. 

 Churches and schools abound. The population is 

 intelligent, Godfearing and law-abiding, and any man 

 out there who is half a man has the opportunity to 

 make himself independent. 



Land in this great country is going fast. 

 If you have any thought for the welfare 

 of yourself or children, find out all about 

 this opportunity to -day. 



Send for our new folder with large map, and also 

 folders issued by the private irrigation companies and 

 by the United States Government Reclamation Service 

 giving all information about these lands, terms, etc. 

 Free for the asking. Study these folders and then 

 come with me on my next excursion to the Big Horn 

 Basin and see for yourself. My excursions, which I 

 personally conduct, leave Omaha on the 1st and 3d 

 Tuesday each month, on which days reduced railroad 

 rates are in effect. My services are free to you. 



Burlington 



D. CLEM DEAVER, General Agent 



Landseekers' Information 

 Bureau, 



69 Q Building, OMAHA, NEB. 



N. B. The winter weather in the Basin Country 

 is fine and lands can usually be seen to advantage all 

 Winter, 



