OCR Text |
Show -13- closed facts support such a view. The land is partly in the river bottom. During the high flood season the river overflows in some places, and upon the whole there must be a substantial contribution from this source to the requisite moisture for plant growth. The ditches by which the water is carried from the stream to the lands are short, and the transmission losses must therefore be light. Under well-established standards and prevailing irrigation practices in Southern Idaho, it must be held, I think, that two second feet or 100 inches will be reasonably sufficient to irrigate the irrigable areas upon these three allotments. It will therefore be decreed that the Government, as guardian for the Indian beneficiaries, has a prior right to the waters of Indian Creek over the rights of the defendants to two second feet, two-fifths thereof for allotment 17, two-fifths for allotment 14, and one-fifth for allotment 15, and that it has no right in the creek for water with which to irrigate lands embraced in allotments 11, 12, 13 and 14.1 By waters of Indian Creek it is intended also to include the springs hereinbefore referred to as rising in or near the channel of the stream. The right thus awarded will doubtless absorb all the waters of the stream naturally flowing down to the Indian lands except during the short period of extreme high water. But during the low water season the defendants may use for beneficial purposes the water flowing 1This sentence contains an internal inconsistency since allotment 14 is decreed a water right to two-fifths of two second feet and at the same time is decreed no right to water. This inconsistency appears in the original decision. Other portions of the decision indicate that no water right should have been granted to allotment 16, instead of 14. Consequently, the last part of the sentence should read: "11, 12, 13 and 16." (Footnote by counsel.) |
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Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : California exhibits. |