1078 



THE IRRIGATION AGE. 



A GREAT OFFER TO OUR READERS. 



The American Underwriters' Corporation offers in this 

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 The Union Book Company, one of the largest publishing 

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TRUCKEE-CARSON IRRIGATION PROJECT, 

 NEVADA. 



The first crop of alfalfa on this project has been 

 somewhat retarded by the unfavorable climatic conditions. 

 The second crop, however, -is making unusually rapid 

 growth and it is expected the total yield will approximate 

 the large yield of last year. 



.The new sugar-beet factory will be ready to handle 

 the crop of sugar-beets, of which about 1,000 acres have 

 been put in this year. 



Excellent progress is reported on the construction of 

 the Lakontan dam on Carson river and the installation of 

 machinery for the power plant is progressing rapidly. 



Report from the Orland irrigation project, Califor- 

 nia, indicates that about 3,600 acres of land have been re- 

 ceiving water from the project system on a temporary 

 rental basis established for the time being. The show- 

 ing made is very satisfactory and the new lands put un- 

 der cultivation are presenting a very promising appear- 

 ance. 



Excellent progress is being made on the construction 

 of the dam at the outlet of Lake Kachesa on the head- 

 waters of the Yakima river, state of Washington. The 

 reservoir when completed will add materially to the 

 amount of storage available for the various units of the 

 Yakima project. 



Very satisfactory crop conditions are reported from 

 the Klamath irrigation project in Oregon. Many of the 

 farmers have made bumper crops, and the value of irri- 

 gation in this section is regarded as beyond all question. 



Settlement in the country districts is increasing very 

 rapidly, as shown by the fact that three new school dis- 

 tricts have been organized in Klamath county since spring; 

 and the old districts are showing an increased enrollment. 



The Secretary of the Interior has withdrawn from 

 all forms of entry 14,720 acres of townships 20 and 21 N., 

 Ranges 15 and 16 E., in Washington, pending an investi- 

 gation of a possible reservoir site in connection with the 

 Yakima irrigation project. The lands include a portion 

 of a tract temporarily withdrawn by the Forest Service. 



The Secretary of the Interior has awarded contract 

 to J. D. Glass of North Yakima, Wash., for the construc- 

 tion of two frame patrol houses and one frame cottage to 

 be used in connection with the Tieton Unit of the Yakima 

 project, Washington. The contract price is approximately 

 $3,451.26. 



Supreme Court Decisions 



Irrigation Cases 



REASONABLE USE OF WATER. 



Since an irrigator is only entitled to so much water as he 

 can use beneficially without waste, a custom among irrigators 

 to let the water flow continuously would not control as against 

 reasonable regulations adopted by an irrigation company pur- 

 suant to the water contract by which an alternating flow was 

 followed. Shafford v. White Bluffs Land & Irrigation Co. 

 Supreme Court of'Washington. 114 Pacific 883. 



ABANDONMENT. 



To justify the finding of an abandonment of water rights, 

 the circumstances must justify an inference of an intention 

 to abandon and to leave the water rights to be taken by any 

 other person who chooses to do so ; but mere lapse of time 

 during which there is nonuscr is not sufficient. Featherman v. 

 Heniiessy. Supreme Court of Montana. 113 Pacific 751. 



KNOWLEDGE OF DIVERSION. 



Defendants by permitting plaintiff without objection to 

 construct a dam and flume to divert the waters of a stream 

 did not estop themselves from asserting their water rights in 

 the stream where they had no reason to believe at the time 

 that plaintiff intended to divert water to which they were en- 

 titled. Logan v. Guicliard. Supreme Court of California. 114 

 Pacific 989. 



CONTRIBUTION TO REPAIR OF DITCH. 



In a suit to determine the rights of the parties in an 

 irrigation ditch, evidence held to require a finding that com- 

 plainant was only entitled to two-fifths of the water flowing 

 in the ditch, while defendants were entitled to the remaining 

 three-fifths, and that the parties were bound to contribute, to 

 keep the ditch in repair, in the same proportion. -Stewart v. 

 Austin. Supreme Court of Colorado. 113 Pacific 516. 



SALE OF LAND THROUGH WHICH DITCH RUNS. 



Where one buys land through which an existing irrigation 

 ditch is in operation, he takes the land subject to the right of 

 the ditch owner to maintain and use the same as before, said 

 right being in the nature of an easement in the lands through 

 which the ditch runs ; the legal title being in the owner of the 

 servient estate. Arthur In: Co. v. Strayer. Supreme Court 

 of Colorado. 115 Pacific 74. 



WASTE WATER. 



Where plaintiff was entitled to the unobstructed use of 

 waste water as the same should be discharged into her ditch 

 at the terminus of a particular lateral connected with an irri- 

 gation system, defendants could not willfully and maliciously 

 discharge water as waste and at the same time invoke the 

 rule that they were not bound to maintain conditions so as 

 to supply plaintiff's appropriation of waste water at any time 

 or in any quantity. Green Valley Ditch Co. v. Schneider. 

 Supreme Court of Colorado. 115 Pacific 705. 



COMPENSATION OF WATER COMMISSIONER. 



Under Mills' Ann. St. 2387, entitling a water commis- 

 sioned to pay from the counties in which his district lies, one 

 of three counties in which a district lies is liable for one-third 

 of his compensation, though no services have been rendered in 

 that county, though decreed priorities have not yet been estab- 

 lished for ditches therein, and though there is less land irri- 

 gated in the county than in either of the other two counties. 

 Board of Com'rs of Clear Creek County \. McLean. Su- 

 preme Court of Colorado. 115 Pacific 52.">. 



TIME OF APPROPRIATION. 



Where an appropriation of water had been made to oper- 

 ate a mill, a subsequent use of that water for agricultural pur- 

 poses must, under Rev. Codes. 4842, providing that though 

 an appropriator may change the point of diversion of water 

 or use it for other purposes, he may not do so to the injury 

 of subsequent appropriations, 4845, providing that be- 

 tween appropriotors. the one first in time is first in 



(Continued on page 1080.) 



