Verde River Irrigation & Power Dist. v. Salt River Valley Water Users' Ass'n

Appeal has been taken from a decree dismissing a bill of complaint wherein appellant sought a decree, adjudging certain alleged easements and rights of way to be valid, adjudging a contract void, and granting injunctive relief.

The Verde river begins in the northwest part of Arizona, flows eastwardly and slightly southerly for a distance, and then flows nearly due south to a point in Maricopa county, where it flows into Salt river. Bartlett, Horseshoe, and Camp Verde dam-sites are located on the Verde river. Bart *937 lett damsite is in Maricopa county, about 25 miles north of the mouth of the river. Horseshoe and Camp Verde damsites are north of Maricopa county, the former being about 45 miles north, and the latter about 90 miles north, of the mouth of the river.

Appellant is an irrigation district organized under the laws of Arizona. Appellee, Salt River Valley Water Users’ Association, is an Arizona private corporation, engaged in the business of diverting and delivering to its shareholders waters of Salt river and Verde river for irrigation and domestic purposes, and in producing and selling electrical energy.

By the Act of June 17, 1902, c. 1093, § 3, 43 U.S.C.A. § 416 ,…