THE IRRIGATION AGE. 



53 



per acre, had been raised. Past orchards loaded with 

 blossoms, skirting the irrigating canals and then strik- 

 ing boldly across a field, through rows of trees, over 

 irrigating ditches and under telephone wires, glides the 

 New Plymouth train, making the round trip twice a 

 day. While in this reverie the train slowed down and 

 grasping his grip he found himself in New Plymouth 

 for the second time. Following along the hard sand 

 walk shaded by elm trees he left the station and saun- 

 tered into town, past a new brick bank building just 

 completed and by several stores to the hotel, where, 

 after partaking of a meal more appetizing than he had 

 tasted since he left home, and contented with himself 

 and the world, he unpacked his samples and stepped in 

 to interview the hardware manager. The store was full 

 of people and three clerks were busy supplying their 

 wants. Glancing around he was astonished, for here 

 was a stock of from fifteen to twenty thousand dollars 

 displayed in an engaging manner, which would be a 

 credit in a town of five thousand people. After booking 

 a generous order he wandered up the street to another 

 substantial brick building, occupied by a drug store, 

 past several grocery and dry goods stores, a handsome 

 two-story brick with offices upstairs, and around to the 

 postoffice, from which mail is distributed twice a day 

 by free delivery. 



That evening as he sat in the hotel at Payette his 

 thoughts still lingered on his trip up the valley. Truth 

 is sometimes stranger than fiction. In a few years a 

 desolate waste of sagebrush changed to an immense 

 garden dotted with comfortable homes, all connected by 

 telephones, and in another year to be lighted by electri- 

 city from a million-dollar plant now being built a few 

 miles below the city on the Snake river. Efficient 

 schools and churches in the rural districts, with high 

 schools at both Payette and New Plymouth; abundant 

 water for irrigating; pure well water for domestic use; 

 no chance of a failure in crops ; a good market guaran- 

 teed ; what state in the union offers more comforts and 

 opportunities than Idaho? and what valley more than 

 the Payette? The drummer sighed and was sorely 

 tempted to give up his roving life and be a farmer. 



Supreme Court Decisions 



Irrigation Cases 



RIPARIAN RIGHTS. 



In a suit to settle conflicting claims to the use of the 

 waters of a stream, the parties entered into an agreement 

 which fixed their water rights, and provided that nothing 

 therein should be taken to waive the right of a riparian owner 

 to a designated quantity of water. Held, that a lower riparian 

 proprietor could not urge that the agreement positively gave 

 to such riparian owner the right, and could not require the 

 court to enter a decree giving such right. 



People's Ditch Co. v. Fresno Canal & Irrigation Co. Su- 

 preme Court of California, 92 Pacific 77. 



MISTAKE IN AGREEMENT. 



Where the agreement of the parties in a suit to settle 

 conflicting claims to the use of the waters of a stream entered 

 into to obtain a judgment settling their rights does not express 

 the intention of the parties, the remedy is by an action to cor- 

 rect the agreement, and not by praying for the entering of a 

 decree in the suit in accordance with such intention. 



People's Ditch Co. v. Fresno Canal 6- Irrigation Co. Su- 

 preme Court of California, 92 Pacific 77. 



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