906 



THE IRRIGATION AGE. 



(Continued from 903) 



defense made affecting the validity of such organization after 

 two years from and after making and entering said order" 

 (the order referred to being the one made by the board of 

 county commissioners declaring the due organization of an 

 irrigation district) the time is limited to two years in which 

 any action may be commenced or maintained, or defense made, 

 affecting the validity of the organization of such district. 

 Progressive In: Dist. v. Anderson. Supreme Court of Idaho. 

 114 Pacific 16. 

 UNAPPROPRIATED WATER 



Where a lake contained unappropriated water more than 

 sufficient to supply an appropriation applied for by defend- 

 ants in addition to the water applied to a beneficial use by 

 prior appropriators, defendants were entitled to the granting 

 of their appropriation, though the withdrawal of the water 

 they required might necessitate a change in the methods or 

 means used by the prior appropriators to withdraw the water 

 to which they were entitled so as to permit the use of the 

 surplus and unappropriated water by defendants. Salt Lake 

 City v. Gardner. Supreme Court of Utah. 114 Pacific 147. 

 RIGHTS OF APPROPRIATION 



In an action for damages for diverting water from an 

 irrigating ditch, an instruction that if by opening the bottom 

 of a dam in a box, whereby the water could run through to 

 plaintiff, and, if by turning in enough water additional at the 

 head of the ditch in N. P. river, he could have procured a 

 sufficient volume of water to have satisfied his needs, and thus 

 avoided any injury to plaintiff, it was defendant's duty to have 

 done so, was not erroneous, where the evidence showed that 

 there was an abundant supply of water at the head of the 

 ditch for all parties interested. Dalton v. Kelsey. Supreme 

 Court of Oregon. 114 Pacific 464. 

 RESERVOIR PERMITS 



The primary reservoir permit, provided for by act Feb. 

 24, 109, known as the "Water Code" (Laws 1909, p. 337) 58, 

 does not include the right to divert and use such stored water, 

 but contemplates only a storage of the water in some locality 

 where it can be utilized for irrigation ; while the secondary 

 permit provided for thereby contemplates that a user of the 

 water shall acquire a permanent ownership by agreement with 

 the owner for a specific quantity of the stored water for the 

 needs of the use on his land, and when reclamation of the 

 land is completed the water becomes appurtenant to his land. 

 Cookinham v. Lewis. Supreme Court of Oregon. 114 Pa- 

 cific 88. 

 WATER A PROPERTY RIGHT 



This section of the Constitution declares that an appro- 

 priation of water to a beneficial use is a constitutional right, 

 and that the first in time is the first in right, without reference 

 to the particular use, and clearly recognizes an appropriation 

 for domestic use as superior to appropriations for other uses, 

 when the waters of any natural stream are not sufficient for 

 all those desiring the same ; and that the right to use water 

 for a beneficial purpose is a property right, subject to such 

 provisions of law regulating the taking of private property 

 for public and private use as referred to in section 14, art. 1, 

 of the Constitution. Montpelier Milling Co. v. City of Mont- 

 pelier. Supreme Court of Idaho. 113 Pacific 741. 

 DIVERSION OF WATER 



The plaintiff complained that the defendant had taken 

 forcible possession of its dam, by means of which and a con- 

 nected canal it had undertaken to supply and was supplying 

 water from the Rio Hondo for irrigating crops, then growing, 

 to a large number of farmers, who were dependent on it for 

 water ; that the defendant was taking water from its reservoir 

 for his own use by removing flashboards from its said dam, 

 so as to allow the water to flow down to his land on said 

 stream, and that its business of supplying water, as afore- 

 said, would be irreparably injured by the acts of the defend- 

 ant, if they should be continued. Held, that the matter was 

 properly cognizable in a court of equity ; that a preliminary 

 injunction, and, after trial, a permanent injunction, were 

 properly issued against the defendant. Hagcniian Irrigation 

 Co. v. McMurry. Supreme Court of New Mexico. 113 

 Pacific 823. 

 SURFACE WATER 



In the winter and early spring months flood waters gather 

 from time to time in several draws or basins above respond- 

 ent's lands and flow down across appellant's canal, and over 

 and upon the lands of the respondent, in large volumes. The 

 irrigation district, in order to prevent these flood waters 



washing put the banks of its canal and breaking down the 

 canal, built a spillway 16 feet wide in the bank of the canal 

 on the lower side, and, when the flood waters come, opens 

 the spillway and allows the entire volume of water to run 

 through and upon the lands of respondent. It appears that 

 in the natural flow of water down these draws and drainage 

 basins, it runs in several channels and spreads out over the 

 lands of the respondent. Held, that the irrigation district 

 cannot collect the waters and pour them out through one 

 spillway in one volume onto the lands of the respondent so as 

 to increase the damage done to his lands, but that, on the 

 contrary, the district must, if it desires to collect the waters 

 and turn them through spillways, so distribute the waters as 

 to allow them to flow over the respondent's land in as nearly 

 the same manner and proportion as they would in their nat- 

 ural state, and in such manner as to do no greater damage 

 than they would inflict on respondent in their usual and ordi- 

 nary flow. Teeter v. Namfa & Meridian Irr. Dist. Supreme 

 Court of Idaho. 114 Pacific 8. 



THE CULTIVATION OF CABBAGE. 



The home gardener, the market gardener and the truck 

 farmer, each of whom contributes largely to the vegetable 

 supply, is more or less interested in the growing of one of 

 the most universally cultivated plants the cabbage ; and with 

 its usual sensitiveness to the needs of its clientele the United 

 States Department of Agriculture has recently issued a bul- 

 letin (Farmers' Bulletin No. 433) describing its cultivation 

 under the different requirements of those three environments. 



Although one of the coarser vegetables, cabbage finds 

 a place in the home garden as well as in the market garden 

 and the truck farm, and in some sections of the United 

 States it is extensively grown as a farm crop. No adequate 

 estimate, however, can be placed on the value of this crop, 

 as it fluctuates very decidedly from year to year both in 

 acreage and price ; but the output is large the three states 

 of New York, Pennsylvania and Virginia, which outrank all 

 the others, grow commercially about 50,000 acres of this vege- 

 table, either as a spring or autumn crop, in addition to the 

 home-garden supply, which is consumed at home. 



Early cabbage is practically all consumed as a green 

 vegetable; the late crop, on the other hand, is handled as 

 a fresh vegetable, as a storage crop, and for the manufac- 

 ture of sauerkraut. Cabbage is always in demand, and, under 

 present conditions, is always on the market, either in the 

 spring as the product of the southern farm, in the fall and 

 early winter from the northern farm and market garden, 

 or in the winter from the storage house where the surplus 

 has been preserved for this demand. 



A section of this bulletin is devoted to each of the three 

 methods of producing the crop commercially truck crop, 

 market garden crop, and farm crop and the influence of 

 climate, extent of production, soil, fertilizer, seed, method 

 of producing young plants, varieties, cultivation, enemies, har- 

 vesting and marketing, is described and explained under 

 each head, in accordance with the light and knowledge gained 

 from experiments and experience. 



THE FRUIT-GROWER'S GUIDE-BOOK. 



By E. H. Favor. Published by The Fruit-Grower. Price $1. 



This book is designed as a means of assisting many per- 

 sons who are undertaking the growing of fruit on a com- 

 mercial scale, yet who feel the need of specific information 

 on many orcharding problems. It is of interest to both the 

 amateur and professsional fruit-grower, and is written in 

 a clear, easy style. 



It contains in condensed form the cream of the important 

 facts of orcharding; contains 285 pages and is splendidly il- 

 lustrated. 



The book may be ordered through THE IRRIGATION AGE. 

 and will be sent postpaid on receipt of price. 



CHANGE IN ORGANIZATION. 

 Jas. A. Green & Co., Inc., beg to announce that they have 

 taken over the engineering and construction business form- 

 erly conducted by Mr. Jas. A. Green, with offices at 226 South 

 La Salle Street, Chicago, and 509 Overland bldg., Boise, 

 Idaho. The company will continue in the general engineer- 

 ing and construction line, paying particular attention to irri- 

 gation and hydraulic work. 



