T HE I R K I G A T I X AGE. 



87o 



(Continued from page 863.) 



tracts, and appropriate them to an independent use; but the 

 natural flow of water saved by the reconstruction of its 

 original dam is in no sense such salvage waters. Erans v. 

 Prosser Falls Land & Power Co. Supreme Court of Wash- 

 ington. 113 Pacific 271. 

 ORGANIZATION OF IRRIGATION DISTRICT 



A petition filed in the district court by the board of 

 directors of an irrigation district, under the provisions of 

 section 2401, which sets forth in a series of special allega- 

 tions the various steps taken in the issuance of its bonds, but 

 omits to allege generally that "due and lawful proceedings 

 were taken to issue bonds," is sufficient, where the allega- 

 tions of fact are such as to support the finding of the court 

 that such proceedings had been duly and regularly taken. 

 Einmett Irr. Dist. v. Shane. Supreme Court of Idaho. 113 

 Pacific 444. 

 DAMAGE BY SURFACE WATER 



An owner of upper land may have the surface waters 

 from his land flow in their natural course down on the 

 lands below, but he may not, by the construction of ditches, 

 turn waters, which have naturally accumulated in ponds on 

 his land, on the land of his neighbor lower down, and, where 

 water is thereby caused to flow on the land of another which 

 would not naturally flow thereon, there is an invasion and 

 injury to his right of property and a nuisance per se, the 

 continuance of which he may restrain. Galbreath v. Hopkins. 

 Supreme Court of California. 113 Pacific 174. 

 IRRIGATION DITCHES IN STREETS 



Under Baker City Charter (Sp. Laws 1903, p. 609) subd. 

 59, authorizing the city council to regulate, provide for, and 

 prohibit the construction, building, use or operation of irri- 

 gating ditches, on any of the streets of the city, and to pro- 

 vide for the removal of the same, the city council may make 

 such reasonable regulations by ordinance for conducting 

 water along the streets as may be reasonably necessary, and 



when that has been done an irrigation company maintaining 

 irrigation ditches along the streets must comply therewith. 

 Baker City Mut. Irr. Co. v. Baker City. Supreme Court of 

 Oregon. 133 Pacific 9. 

 PRIORITY OF APPROPRIATION 



In a suit to determine the extent of priority of appropria- 

 tion of water for plaintiff's ditch in which the capacity of the 

 ditch was contested, the fact that a test of capacity was made 

 with water diverted from another ditch, heading higher up 

 on the supply stream, was material only on the question of 

 the volume of diversion plaintiff's ditch was wont to make, 

 and was immaterial where there was other ample evidence 

 to support the quantity awarded by the decree, especially 

 where the ditch carried, during the test, more than the decree 

 awarded to it. Johnson v. Sterling Irr. Co. Supreme Court of 

 Colorado. 113 Pacific 496. 



THE YANKEE WAY 



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La Xoris Irrigation and Develop- 

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Columbia-Clarke Land & Irrigation 

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EVERY FARMER CAN HAVE RUNNING 

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The one big advantage usually claimed for 

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There are few places not located within a 

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The Rife Engine Co. claim a pumping effi- 

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 Any size ram, pumping from three to 700 gal- 

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The big advantage over all others claimed 

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Rife rams are in constant use all over the 

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By addressing the Rife Engine Co., at 111 

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The Giant Horse vs. 

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TTT'ILL you have thirty fractious Missouri mules each working independent 

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THE BIG FOUR "30" pulling eifhl 14-inch breaker 

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