386 



THE IRRIGATION AGE. 



Supreme Court Decisions 



Irrigation Cases 



The same irrigation ditch may have two or more priorities 

 belonging to the same person or to different persons. Park 

 v. Park. Supreme Court of Colorado. 101 Pacific 403. 



DUTY TO CLEAN DITCHES. 



If a ditch was constructed by agreement of persons and 

 recognized as a waterway, neither person would be compelled 

 to clear it of rubbish, but either person might do so. O'Mara 

 v. Jensma. Supreme Court of Iowa. 121 Northwestern 518. 



LANDLORD'S FAILURE TO FURNISH WATER. 



Damages suffered by a tenant, consisting of injuries to his 

 crop because of the landlord's failure to furnish water as 

 agreed, are not objectionable as speculative and uncertain. 

 Dunbar v. Montgomery. Court of Civil Appeals of Texas. 

 119 Southwestern 907. 



RIPARIAN RIGHTS. 



Riparian rights exist in the state of Idaho only to the 

 extent that they do not come in conflict with the superior and 

 paramount right of one who has appropriated the waters for 

 a beneficial use in conformity with the Constitution and stat- 

 utes of the state. Hutchinson v. Watson Slough Ditch Co., 

 Ltd. Supreme Court of Idaho. 101 Pacific 1059. 



CONDEMNATION OF IRRIGATION CANAL. 



Where the necessity for the taking is shown, one canal 

 company will be allowed to condemn a part of the right of 

 way of another canal company, for the purpose of enlarging 

 the old canal to a sufficient capacity to carry such additional 

 volume of water as may be needed for the use of the latter 

 company. Portneuf Irrigating Co., Ltd., v. Budge. Supreme 

 Court of Idaho. 100 Pacific 1046. 



PREVENTING USE OF WATER. 



If a corporation engaged in the business of supplying 

 individuals with water for the irrigation of arid or semi-arid 

 lands, unlawfully and arbitrarily prevents the holder of one of 

 its water contracts from using water for the irrigation of a 

 field of growing potatoes, it is liable to the individual in 

 damages. Clague v. Tri-State Land Co. Supreme Court of 

 Nebraska. 121 Northwestern 570. 



RIPARIAN RIGHTS INFERIOR TO APPROPRIATION. 



A riparian owner's right to use the water of a stream for 

 domestic and culinary purposes and watering his stock, and 

 to have the water flow by or through his riparian premises, 

 is such a right as the law recognizes as inferior to a right 

 acquired by appropriation, and superior to any right of a 

 stranger to or intermeddler with the waters of such stream. 

 Hutchinson v. Watson Slough Ditch Co., Ltd. Supreme Court 

 of Idaho. 101 Pacific 1059. 



RESERVOIRS. 



Mills' Ann. St. sec. 2272, declares that the owner of a 

 reservoir built and used for storing water for irrigation shall 

 be liable for all damages arising from seepage or overflow, 

 etc. Held, that the right of storage conferred by such section 

 included surface or flood waters, as well as waters diverted 

 from natural water courses. Canon City & C. C. R. Co. v. 

 Oxtoby. Supreme Court of Colorado. 100 Pacific 1127. 



ARTESIAN WELLS. 



Where new artesian wells objected to draw their water 

 from the same supply from which the owners had previously 

 taken water under a valid diversion, and the new wells did 

 not increase the amount diverted, they constituted a mere 

 change of the place of diversion, without injury to others 

 who were therefore not entitled to complain. Barton v. River- 

 side Water Co. Supreme Court of California. 101 Pacific 790. 



LANDLORD'S DUTY TO FURNISH WATER. 



Where a lease required the landlord to furnish water for 

 the tenant's crop at prices to be thereafter agreed on, and no 

 agreement was made for the year 1906, the tenant could not 

 recover for the landlord's failure to furnish water for that 



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 BEAVER, General Agent 



Landseekers' Information 

 Bureau, 



59 Q Building, OMAHA, HEB. 



N. B. The winter weather in the Basin Country 

 is fine and lands can usually be seen to advantage all 

 Winter, 



