Brown

This is one of a number of similar eases that have heretofore reached and been considered by this court. It grows out of the establishment and construction of an irrigation system in Bannock county, Idaho, under and in pursuance of an act of Congress approved August 18, 1894 ( 28 Stat. 372 , 422), and amendments thereto (Comp. St. § 4685 et seq.), known as the Carey Act, and certain legislation of the state of Idaho. The provisions of the acts of Congress with relation to the subject and certain provisions of the legislation of the state of Idaho will be found set out in the decision of this court in the case of Twin Falls-Salmon River Land & Water Co. et al. v. Caldwell et al., 242 F. 177, 178, 179, 180, 181, 182 , 155 C. C. A. 17 , and we need not, therefore, take the space to repeat them. The project involved in the present case originally covered about 20,000 acres of land in the vicinity of Downey, in the state of Idaho, that had been set apart by the government by virtue of the act of Congress referred to, and involved the construction of a reservoir at the headwaters of the Portneuf river, and a system of canals by which both the stored water and the natural flow of the…