THE IRRIGATION AGE. 



SUIT AGAINST SUBSEQUENT PURCHASERS OF DITCH FOR FAILURE 

 TO SUPPLY WATER. 



The perpetual right of a party and his heirs and assigns 

 to have the water for his land carried through a certain 

 ditch is an easement appurtenant to the land in whosoever 

 hands it might be, so that, where the easement and plain- 

 tiff's ownership of the land are established, there was the 

 requisite privity of estate to entitle plaintiff to sue subsequent 

 purchasers of the ditch for failure to supply water to his 

 land. 



Farmers High Line Canal & Reservoir Co. v. New 

 Hampshire Real Estate Co. Supreme Court of Colorado, 

 92 Pacific 290. 



SUIT BY OWNER AND TENANT AGAINST DITCH COMPANY. 



Where an owner of land, which was entitled to a supply 

 of water for a ditch, leased the land, covenanting in the 

 lease to supply sufficient water to raise crops, a judgment 

 recovered by such owner against the ditch company for fail- 

 ure to supply sufficient water to raise the crops, whereby the 

 lessees were unable to pay the rent, will be a bar to any 

 action by the lessees for the same failure. 



Farmers High Line Canal & Reservoir Co. v. Neiu 

 Hampshire Real Estate Co. Supreme Court of Colorado, 

 92 Pacific 290. 



OWNER ONLY HAS RIGHT TO SUE DITCH COMPANY. 



Where the owner of land, which was entitled to a supply 

 of water for an irrigation ditch, leased the land, covenanting 

 in the lease to supply sufficient water for irrigation, such 

 owner is the real party in interest, and entitled to sue for a 

 failure of the ditch company to supply water necessary for 

 the raising of crops on the land, whereby the lessees were 

 unable to pay the stipulated rent to the owner. 



Fanners High Line Canal & Reservoir Co. v. New 

 Hampshire Real Estate Co. Supreme Court of Colorado, 

 92 Pacific 290.' 



IRRTGATION CONTRACT CREATES EASEMENT. 



In a contract the owners of an irrigation ditch and their 

 lessees covenanted jointly and severally, for themselves and 

 each of them, their successors, assigns, etc., to furnish water 

 for the lands of certain adjoining landowners, their heirs, 

 executors, administrators, assigns, etc., for a certain price. 

 The contract further provided that the covenants on the part 

 of the owners and the lessees of the ditch touching the fur- 

 nishing of the water should run with the right of way and 

 ditch and with the lands, forever, and be obligatory upon and 

 in favor of the owners and proprietors of the ditch and lands, 

 and that by virtue thereof the owners of the land should at 

 all times receive from the ditch all the necessary water for 

 the irrigation of the lands, any change in the ownership, con- 

 trol or management of the ditch notwithstanding. Held, that 

 the contract created an easement and covenants running with 

 the land, binding upon the owners of the ditch. 



Farmers High Line Canal & Reservoir Co. v. Neiv 

 Hampshire Real Estate Co. Supreme Court of Colorado, 

 92 Pacific 290. 



PERCOLATIONS TUNNELS. 



Through defendants, for the purpose of collecting and 

 carrying percolating waters, constructing a tunnel commenc- 

 ing on plaintiff's land, without her permission, and then ex- 

 tending through defendant's land, plaintiff is not entitled to 

 have adjudged to her the waters which percolated into the 

 tunnel on defendant's land. 



Cohen v. La Canada Land & Water Co. Supreme Court 

 of California, 91 Pacific 584. 



DIVERSION OF WATER RIPARIAN OWNERS. 



Where in a contest between riparian owners as to their 

 respective rights in a creek there was evidence that, notwith- 

 standing defendant's diversion of a miners' inch of the waters 

 through a pipe, there was always water flowing down onto 

 plaintiffs' land, the court properly found that defendant had 

 not acquired an adverse right to all the waters of the creek, 

 and had not diverted or acquired any right to such waters 

 other than to a quantity sufficient to supply the pipe. 



Gutierrez v. Wege. Supreme Court of California, 91 

 Pacific Reporter 395. 



THE INTERLAKEN SCHOOL. 



An interesting departure in modern education is 

 the Interlaken school at Laporte, Indiana. This board- 

 ing school for boys is founded upon the plan of the 

 (ierman rural educational schools and is intended to 

 develop a boy normally, not merely to enable him to 

 memorize books but to use his head and eyes and hands. 



The faculty live right with the boys and as the 

 school is limited in number, there is plenty of room 

 and time for all. Believing that outdoor activities are 

 better for all than special athletics for a few, the boys 

 are given plenty of outdoor work and play. Each boy- 

 has individual instruction and in this way can make 

 more rapid progress than one who studies in a large 

 class. 



The Interlaken school has a branch in southern 

 Germany, where its pupils go for the finishing year of 

 the course and are taken on trips over the Alps into 

 Italy and other countries to study at the remarkably low 

 cost of $1.50 a day. 



This school is one of a chain of schools established 

 throughout England, German, Poland, Sweden and 

 France and was founded by Dr. Rumely, who has lived 

 in these schools and studied their methods, finding them 

 better adapted to the needs of growing boys than many 

 of the one-sided systems we so frequently come in con- 

 tact with. It teaches a boy, not only the knowledge 

 necessary for his education, but the knowledge of how 

 to live. 



(WATER RIGHTS, SAN LUIS VALLEY.) 

 Around Fort Garland, at the eastern end of the 

 valley, a co-operative plan is being developed, by which 

 it is planned to build a reservoir of large capacity and 

 bring an area of about 35,000 acres under cultivation. 

 Another source of water supply which may some 

 day prove of value for irrigation purposes is the artesian 

 wells, although there has as yet been no occasion for' 

 using this water fbr aid in cultivation. Throughout 

 nearly the whole extent of the valley a constant flow 

 of pure, cold, artesian water is obtained at depths vary- 

 ing from one hundred to three hundred feet. There 

 are many artesian water-bearing strata, one below the 

 other, the water of which varies somewhat in strength 

 of flow and temperature. Most of the wells sunk are 

 three inches in diameter and flow from one thousand to 

 five thousand barrels per day. The temperature of the 

 water varies (in wells from one hundred to three hun- 

 dred feet in depth) from 40 to 50 degrees. A six-inch 

 well at a depth of 900 feet, by actual measurement, 

 flows 720,000 gallons per day. The supply of this 

 artesian water is practically inexhaustible. The valley 

 being a basin surrounded on all sides by high mountain 

 ranges having thousands of square miles of water-sheds 

 pouring their waters into the strata beneath the valley, 

 this water can only fail when these mountain ranges 

 are no more. Nearly all the homes in the towns and 

 on some of the ranches have their own water works sys- 

 tem, an hydraulic ram being installed in the well, 

 which forces the water into a tank in the attic or upper 

 portion of the house. 



