Caldwell v. Twin Falls Salmon River Land & Water Co.

Citations

• 225 F. 584
• 1915 U.S. Dist. LEXIS 1285

Syllabus

<p>1. Waters and Water Courses <§=>254—Irrigation Systems—Contracts with Settlers—Construction.</p> <p>A corporation which had contracted with. Idalio for the construction of an irrigation system made contracts with settlers which recited the execution of the state contract, the commencement of construction work, and notice from the State Land Board that it might sell or contract rights to the use of water, and which provided that in consideration of the payment of a specified sum, and the covenants of the settlers, the settlers should become entitled to shares of stock in a corporation organized to operate the system, which certificate declared that the owner thereof was entitled to receive one-hundredth of a cubic foot of water per second per acre for land described, and to a proportionate interest in the system, and which fixed the irrigation season from April 1st to November 1st of each year. The settlers obligated themselves to pay at the rate of S10 per acre for water, lie Id, that the settlers’ contracts for water were comracts for the sale of a specific water right for each acre of land described and a proportionate interest in the system.</p> <p><gs>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>[Ed. Note.—For other eases, see Waters and Water Courses, Cent. Dig. § 311; Dec. Dig. <©=>254.1</p> <p>2. Waters and Water Co urbes <©=>254—Irrigation Systems—Contracts to S utp ly Water—Gonstru cti on.</p> <p>A contract between a corporation and Idaho for the construction of an irrigation system and subsequent coniracts between the corporation and settlers to supply the settlers with water for irrigation must be read together to determine the rights of the settlers, though their contracts, in so far as t hey expressed the agreement, are controlling, provided they contravene no statute of the state or federal government.</p> <p>|Dd. Note.—For other cases, see Waters and Water Courses, Cent. Dig. § 311; Dec. Dig. <©=>254.]</p