Twin Falls Land & Water Co. v. Twin Falls Canal Co.

Good Law
79 F.2d 431·1935 U.S. App. LEXIS 4137
United States Court of Appeals for the Ninth CircuitSeptember 9, 1935No. 7503California3,217 words

Opinion

Lead Opinion

Wilbur, J.

This is an appeal from a decree in favor o'f the defendant in a suit in equity brought by the Twin Falls Land & Water Company to compel the sale of additional water rights in the Twin Falls irrigation project. These corporations* plaintiff and defendant, were formed for the purpose of carrying out a reclamation project in Twin Falls county and Jerome county in the state of Idaho, in which that state and the United States were both interested. The project had for its object the reclamation of public desert land by irrigation from the waters of the Snake river. Most of the land belonged to the government of the United States and 244,025.98-acres of such land in Twin Falls county south of the Snake river were segregated under the Carey Act (43' USCA § 641 et seq.) for reclamation under the project. There was also a large amount of public school land belonging to the state of Idaho susceptible to irrigation under the proposed works. In addition, 32,000 acres of land north of the Snake river in Jerome county were included in the project. These Jerome county lands and the 400 second feet of water that was appropriated for their irrigation have been" transferred to the Twin Falls North…

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