Crandall

The trial court entered a decree dismissing appellant’s complaint, and this appeal is prosecuted from that decree.

On March 30, 1921, the United States, acting through its reclamation service, filed an application with the Department of Reclamation of the state of Idaho to appropriate 8,000 second feet of theretofore unappropriated water of the Snake river, pursuant to the provisions of Idaho Code Ann. § 41-202 . This application was approved by the Commissioner of such Department of Reclamation as permit No. 15134, hereinafter, for convenience, referred to as the diversion permit. A portion of the application and permit is as follows:

“2. Quantity of water claimed: 8000 second-feet for new lands. * * *

“5. Water is to be used for: Domestic, irrigation and power purposes. * * *

“7. Estimated cost Of work: $ Estimated cost of American Falls Reservoir $15,000,000. Estimated cost of other works of Minidoka North Side Pumping Unit $9,000,000.

“8. Kind of works: Reservoir, diversion dams, pumping stations, canals, distribution systems, etc. * * *

“15. (a) Is reservoir to be used? yes. If so, fill in (b) and (c) below.

“(b) Name of reservoir and number of storage Permit: American…