THE IRRIGATION AGE 



387 



year, on the theory that the landlord demanded an extor- 

 tionate rate greatly in excess of the reasonable value of the 

 irrigation. Dunbar v. Montgomery. Court of Civil Appeals 

 of Texas. 119 Southwestern 907. 



SHORTAGE OF SUPPLY. 



Where contracts made between an irrigation company and 

 users of water from such system provide that, in case of 

 shortage, the persons holding such contracts should receive 

 only their pro rata share of such water, in a controversy 

 between the company and a user under such contract, the court 

 should decree to such user, in case there is a shortage, only his 

 pro rata share of such water. Jackson v. Indian Creek Reser- 

 voir Ditch & Irrigation Co., Ltd. Supreme Court of Idaho. 

 101 Pacific 814. 



RIPARIAN RIGHTS. 



A riparian owner has the right to make any use of the 

 water, beneficial to himself on the riparian land, which his 

 situation enables him to make ; but, if his use involves a con- 



sumption of the water, he can not use more than his reason- 

 able share as compared with other riparian owners, and he 

 must not pollute the water to the injury of others entitled 

 to it, and the water he does not consume must be returned to 

 the stream before it passes his land. Mentone Irr. Co. v. Red- 

 lands Electric Light & Power Co. Supreme Court of Cali- 

 fornia. 100 Pacific 1082. 



INNOCENT PURCHASERS WITHOUT NOTICE. 



Where a decree in proceedings to adjudicate priorities in 

 an irrigation ditch recited that the water was claimed by three 

 persons, but was not in harmony with their statements of 

 claim, and especially disclaimed the intention of deciding the 

 question of ownership among them, reasonable diligence would 

 require a prospective purchaser of a portion of the land to 

 investigate the title to priorities, and, where the three persons 

 after the decree openly continued to use all the water for 

 irrigating .their farms as before the decree, it was constructive 

 notice of their rights. Park v. Park. Supreme Court of Colo- 

 rado. 101 Pacific 403. 



with a 



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SAMSON TURBINE 



When the PUMP cannot be direct connected to the tur- 

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



Write Department K-2 for Catalog. 



Illllllll III I 



I 



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