State v. Twin Falls Canal Co.

Citations

• 21 Idaho 410
• 121 P. 1039
• 1911 Ida. LEXIS 152

Syllabus

<p>Casey Act Lands — School Lands — Appropriation op Water Bights —Construction op Canal System by Corporation — Contract por Construction op Irrigation System — Contract Between Construction Corporation and State — Holding Corporation— Construction op Contract — Transper op System by Construction Corporation to Holding Corporation — Jurisdiction—Mandamus — Loss op Water by Seepage and Evaporation — Construction op Statute — Water Bights — Proportionate Interest— Water Measured at Point op Diversion — Interpretation op Contract — Distribution—In Turn or by Botation.</p> <p>(Syllabus by the court.)</p> <p>1. The Twin Palls Land & Water Co. is a corporation organized under the laws of the state of Utah and authorized to do business in the state of Idaho, its purpose being to acquire water rights and construct irrigation systems and sell water rights in the state of Idaho under what is commonly called the Carey Act, an act of Congress approved Pebruary 18, 1894, and acts amendatory thereof, and was organized particularly for the purpose of constructing, operating and disposing of a Carey Act project in this state commonly called the Twin Palls South Side project, and under the provisions of said act of Congress and the statutes of this state, the state land board, on the part of the state, entered into a contract with said Twin Palls Land & Water Company for the construction of a system of irrigation works for the reclamation of the land included in said Twin Palls South Side project.</p> <p>2. Under the provisions of said contract, the Twin Palls Canal Company was organized under the laws of this state for the purpose and object of taking over and holding the title to said canal system and water rights connected therewith, and to operate and hold the same in trust for the settlers and land owners within said project.</p> <p>3. Under the terms of said contract the Land & Water Company agreed to sell water for the reclamation of lands owned by the state and embraced wit