1080 



THE IERIGATION AGE. 



(Continued from page 1078.) 



right, and section 4844, requiring an appropriator to return the 

 water to the stream when he has finished his use, he consid- 

 ered a new appropriation. Feathcrman v. Henncssy. Supreme 

 Court of Montana. 115 Pacific 983. 



DISPUTED TITLE. 



Where, in a suit to restrain the conversion of the waste 

 waters of a stream by the construction of a dam, complainant 

 claimed to own the dam and reservoir site and also land below 

 the dam under a wagon road grant which expressly reserved 

 all lands containing mineral, and defendant denied plaintiff's 

 ownership, and claimed that the land was in fact mineral and 

 so reserved, defendant was entitled to a trial of the issue of 

 complainant's title to a jury, and hence a cOurt of equity would 

 not oust defendant's possession or enjoin it from using the 

 premises until complainant's title had been established at law. 

 Eastern Oregon Land Co. v. Willow Ri'cer Land & Irriga- 

 tion Co. U. S. Circuit Court, District of Oregon. 187 Federal 

 466. 

 APPROVAL BY STATE ENGINEER. 



Water Code (Laws 1909, p. 333) 47, requires the state 

 engineer to approve all applications made in proper form 

 which contemplate the application of water to a beneficial use, 

 but provides that, when the proposed use conflicts with deter- 

 mined rights or is a "menace to the safety and welfare of the 

 public," the application shall be referred to the board of con- 

 trol for consideration, and it shall order the refusal of the ap- 

 plication if the public interest demand it. Held, that the state 



Won Highest Honors Again 



engineer was not bound to approve an application for an ap- 

 propriation or for a reservoir, intended for a public beneficial 

 use, if the beneficial use was not available to the applicant, 

 though the application stated that the appropriation was for a 

 beneficial use. Cookiiigham v. Leii'is. Supreme Court of Ore- 

 gon. 115 Pacific 342. 



DIVERSION. 



Where a complaint by a riparian proprietor to restrain 

 defendant from diverting the water of a river by taking water 

 from a creek above complainant's riparian lands alleged that 

 the creek was a tributary of the river, and that defendant di- 

 verted from the creek 150 inches of water, thereby lessening 

 the flow of water in the river and depriving complainant of the 

 flow to which it was entitled as a riparianist, an injunction 

 pendente lite issued on such complaint was not objectionable 

 because it was not proved by other evidence that complainant 

 was either entitled to the flow of the water of the creek in a 

 natural and usual channel through complainant's land, and that 

 its land was riparian to the water of the creek, or that com- 

 plainant was an appropriator of a water right with the par- 

 ticulars as to the means and method of complainant's diversion 

 or appropriation and continuance of its use. Porters Bar 

 Dredging Co. v. Beaudrv. District Court of Appeals, Third 

 District, California. 115~ Pacific 951. 



QUANTITY OF WATER TO BE SUPPLIED. 



To secure a definite water supply, ditch owners entitled 



to one-half the waters of a stream contracted with an irriga- 

 tion company that surplus waters might 

 lie disposed of by the company. The 

 contract provided that substantially one- 

 half of all water taken from the stream, 

 aside from that supplied from the com- 

 pany's reservoir, should flow into the 

 ditch. Held that, if the contract was 

 intended to require one-half of the wa- 

 ter of the river to be put into the 

 ditch regardless of its beneficial use by 

 others and of its use by the ditch own- 

 ers, the last-mentioned provision is in- 

 valid ; neither probable future need of 

 that quantity by the ditch owners nor 

 porous character of the ditch resulting 

 in seepage loss constituting ground to 

 sustain such provision. North Fork 

 Water Co. v. Medland, U. S. Circuit 

 Court, Southern District of California, 

 187 Federal 163. 



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Pine Creek Irrigation Company has 

 plans to expend about $350,000 for dams 

 and ditches near Weston, Ore., where 

 8,000 acres of land will be made more 

 productive by the application of water. 

 Engineers of Spokane and Walla Walla 

 report that the project is feasible. The 

 dam will be 300 feet in length and 150 

 feet high. It will be constructed of con- 

 crete and earth. G. W. Probstel of 

 Weston announces that work will be- 

 gin in April and that it is expected to 

 have the plant completed for the irri- 

 gation season of 1912. 



Development of 30,000 acres of fertile 

 farm land will be brought about by 

 draining Calispel lake in the Pend 

 Oreille valley in northeastern Washing- 

 ton. Water rights have been filed on 

 Calispel creek to supply 14,000 acres. 

 By diverting Calispel creek and keep- 

 ing out the flood waters of the Pend 

 Oreille river with a new diking system 

 it is 1 expected the 3,500 acres composing 

 Calispel lake will be reclaimed. The 

 rest of the acreage will be watered from 

 the Pend Oreille river. The Idaho & 

 Washington Northern Railway Com- 

 pany is building branch lines into the 

 district. 



Send $1.00 for The Irrigation Age 

 one year and the Primer of Irrigation, 

 paper bound. 



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