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Show PART OF IRRIGATION LAW HELD INVALID Important Decision in a Water Suit Handed Down by Idaho Supreme Su-preme Court. (Special to Tho Tribune.) BOISE, Ida.. Feb. 24. Sections 31, 35 and 36 of the State Irrigation law passed by the Seventh Legislature and approved March 11, 1903, have been declared de-clared by the Supreme court ln a decision de-cision annountcd this afternoon, to be repugnant to the provisions of section 26, article 7, of the Slate constitution, and therefore unconstitutional and void. These sections, the court holds, may be stricken from tho act and leave the remaining part of the act complete and operative. The sections referred to are the only ones the court felt called upon to pass on in the case of Bear Lake County vs. Alfred Budge. Judge of tho Fifth district, dis-trict, in which a writ was sought to prohibit the Judge from further proceedings pro-ceedings In an action pending in Bear Lake county, wherein Water Commissioner Commis-sioner of the First Water district, Is plalnjtlff, and the claimants to the use of the water ln Dairy Canyon creek the defendants, though none of the defendants de-fendants were named In the action. The writ of prohibition sought by Bear Lake county Is granted by the Supreme court. Acting under the provisions of the State Irrigation law, Water Commissioner Commis-sioner Turner brought suit In the District Dis-trict court of Bear Lake county In June, 1D03, for the purpose of quieting title to the right to the use of waters of Dairy Canj'on crc-ek. |