THE IRRIGATION AGE. 



369 



which was his brother's pre-emption, which had been trans- 

 ferred to him, and the other a claim taken by him under the 

 desert land act, made an appropriation prior to appropria- 

 tion by any other person of certain water of a stream, the 

 head of which was on his brother's pre-emption. Held, that 

 the appropriation entitled the appropriator to a sufficient 

 amount of water to irrigate the land to which the appropria- 

 tion was intended to be applied at the time of the appro- 

 priation, whether it was on the desert land claim or the pre- 

 emption, and hence it was error to confine his rights by the 

 appropriation to the pre-emption. Williams v. Altnova. Su- 

 preme Court of Oregon. 95 Pacific 200. 



FENCING IRRIGATION CANAL. 



Plaintiff irrigation company condemned a strip 150 feet 

 wide and l /2 a mile in length through defendant's farm, and 

 constructed a canal about 60 feet wide within the strip, with 

 paths on each side for the use of its canal riders' and other 

 employes. Defendant's land on each side of the canal was 

 farming land, and adjoining his land on the south, was 

 farming land, and on the north a public road. The entire 

 tract was inclosed by fences ; the fence on the north boundary 

 having been erected before, and that on the' south about the 

 time of, the condemnation of the strip, both maintained up 

 to the water of the canal, but with a gate in each across the 

 canal path, so as to obviate the necessity of constructing a 

 fence along the canal path, through the whole length of his 

 farm in order to protect it, and the gates being about 12 

 feet wide and easily opened and closed. Plaintiff objected to 

 the erection of the gates as an interference with the use of 

 the path by its employes in driving horses along it in dredging 

 the canal, which was necessary several times a year. Held, 

 that the facts did not show an interference with the reason- 

 able enjoyment of! plaintiff's easement so as to preclude a 

 contrary finding. Utah-Idaho Sugar Co. v. Stevenson. Su- 

 preme Court of Utah. 97 Pacific 26. 



EDEN VALLEY, WYOMING. 



OBLIGATION TO FURNISH WATER. 



The obligation of a corporation organized to sell and 

 distribute water to furnish water is created by Const., art. 14, 

 sec. 1, declaring that the use of water appropriated for sale 

 or distribution shall be a public use and subject to regulation 

 in the manner prescribed by law, and does not arise under 

 St. 1885, p. 95, c. 115, requiring a corporation appropriating 

 water for sale or distribution to furnish water to the ex- 

 tent of the actual supply, and providing that any corpora- 

 tion neglecting so to do shall be liable in damages to the 

 extent of the actual injury sustained; and a water company 

 guilty of fraud, oppression, or malice in failing to furnish 

 water is liable to exemplary damages within Civ. Code, sec. 

 3294, providing that in an action for the breach of an obliga- 

 tion not arising from contract exemplary damages may be 

 recovered, where defendant has been guilty of oppression, 

 fraud, or malice. Lowe v. Yolo County Consol. Water Co. 

 California Court of Appeal. 96 Pacific 379. 



A Rapidly Developing Irrigation Project. 

 BY WARREN EDWARDS. 



Among the recent irrigation projects in Wyoming 

 that are being rapidly developed and settled up is 

 that of Eden Valley. This district is situated in 

 Sweetwater county along the Big and Little Sandy 

 rivers and lies about fifty miles north of Hock Springs, 

 Wyoming, a city with a population of 6,500, the near- 

 est railroad point on the main line of the Union Pa- 

 cific railroad. 



No. 1. Diversion dam on the Big Sandy River, showing head gate 

 for main cana] at left and spillway for Big Sandy at right, Eden 

 Valley project, Wyoming. 



The Eden Valley tract was first thrown open to 

 settlement in the fall of 1907, and water was first 

 delivered this summer. There have been about 40,000 

 acres of land sold to settlers, some of whom have built 

 homes and are now cultivating it. The land is all 

 being settled under the Carey act, being a part of the 

 allotment by the government to the state of Wyoming 

 under act of the national congress. The price at which 

 the land and perpetual water rights are being disposed 

 of to the settlers is $30.50 per acre. The size of the 



A Sugar-Beet Farm in the Arkansas Valley, Colorado. This field 

 yielded 22 tons to the acre. 



No. 2. A view of main canal between diversion dam and reservoir 

 No. 1, Eden Valley Project, Wyoming. 



farms being bought by the settlers is mostly eighty and 

 one hundred and sixty acre tracts. 



The company developing the Eden Valley project 

 is the Eden Irrigation and Land Company and is 

 backed by Chicago capital, Farson, Son & Co., bank- 

 ers, having taken the issue of bonds, amounting to 

 $700,000. 



The Eden Valley project is not an entirely new 



