Marsters

The Boise river is one of the streams of Idaho, the waters of which are used in part for the purpose of irriga *664 tion in Ada and Canon counties of that state, and the United States is one of the appropriators, under an application filed by certain citizens and residents of the state with its state engineer for permit to divert and appropriate 5,200 cubic feet per second of the said waters for the irrigation of certain lands within the state, now known as the “Government Boise project.” The application having been approved by the state engineer and a permit granted to the applicants, the latter was assigned to the Secretary of the Interior, who, under and in pursuance of the Act of Congress of June 17, 1902, c. 1093, 32 Stat. 388 (Comp. St. 1913, §§'4700-4708), known as the Reclamation Act, caused surveys to be” made and work to be done to the extent of appropriating and'using 1,647 second feet of the waters of the river, with the approval of the state engineer, in pursuance of the project, the date of the government’s appropriation being December 4, 1903. Prior to that date, however, there had been and then were in existence 134 prior appropriations of the waters of the river,…