THE IEKIGATION AGE. 



355 



and the company shall not be liable for the shortage or defi- 

 ciency, and shall have a right to distribute such water as may 

 flow through the canal or from the reservoir to the holders 

 of such water rights pro rata, places all persons holding such 

 contracts upon an equality as to the right to water when there 

 is a shortage, and denies to any of such persons a prior or 

 superior right over any other person holding a like contract. 

 Jackson v. Indian Creek Reservoir Ditch & Irrigation Com- 

 pany, Ltd. Supreme Court of Idaho. 101 Pacific 814. 

 ADJUDICATION OF PRIORITIES. 



A ditch was constructed to irrigate a part of each of 

 three ranches in 1867 ; the owners of all the ranches using 

 the water from that time. Adjudication proceedings were 

 instituted in 1889, and the owners of two of the ranches, who 

 were brothers agreed, in order to avoid any contention as to 

 the amount of water each was entitled to, that one should 

 make filing and prove up upon the 1867 appropriation, and 

 that the other should claim under an appropriation made in 



188], but that both should thereafter own a half interest in 

 the water rights they secured. The decree as to priorities 

 did not conform to the statements of claim made by the 

 three owners giving one of the brothers a priority as of 1867 

 as claimed, and the other brother priorities as of 1879 and 

 1881, and did not attempt to define the ownership of the 

 different amounts of each, merely reciting their names, and 

 provided that no part of the decree should be taken as 

 affecting any claim of right between the owners or claimants 

 of the ditch as between themselves, nor any claim of priority 

 made as between parties using water for irrigation from the 

 same appropriation. Held, that the decree was not res judicata 

 as to the ownership of the priorities of the original ditch as 

 between the original appropriators thereof or their grantees, 

 and the statement of claim by the brother who did not claim 

 under the 1867 appropriation did not estop him or his grantees 

 from claiming thereunder. Park v. Park. Supreme Court of 

 Colorado. 101 Pacific 403. 



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i n ii i mi 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 M n 1 1 1 n 1 1 in n 1 1 1 1 1 



SAMSON TURBINE 



When the PUMP cannot be direct connected to the tur- 

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JAMES LEFFEL & CO., Springfield, Ohio, U. S. A. 



Write Department K-2 for Catalog. 

 Ill I I I I I I I I I II I II I I I I I MM I 



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