| Show COURT ORDER SAVES CROPS L ON PROJECT Reclamation ec ama ion Manager Manag Manag- er Restrained From Prom Withholding Water I BOISE POISE Ida July 9 AP Water AP-Water Water yesterday was turned onto farms representing some a res of land on the Boise Bose project have havo been without it since 11 ly 2 were closed and locked upon order of Elwood Mead federal reclamation commissioner b cause of delinquencies In drainage a o which have been past du due ice nce 1923 J J. B B. B Bond superintend d' d 1 it t of the Boise project and his turned the water back backo onto o the crops in compliance with an an order Issued yesterday afternoon by ti Judge Dana E E. E Brinck restrain restrain- ngo ng further withholding of water to Settlers on the project With the restraining order orlier was Sn an order commanding Mr Bond and Jil is assistants to appear in district court July 14 to show cause why they should not be enjoined from fromy ti y water from settlers who hold water rights under the project Brincks Brinck's order to show ruse bouse and restraining order came as the result of appeal filed by S S. S Claire Claire Glaire Mower In district court Tuesday Tues Tues- day ay y seeking a writ of mandatory I Injunction directed to J J. J B. B Bond Commanding him to open and to turn water into ditches of ofHie the Hie plaintiff and others similarly s and to refrain from shut- shut Ing off Irrigation water to the end hat the plaintiff may have the wat war wa- wa t r r to which his lands are entitled under under his contracts with the Boise project This writ of mandatory on was sought In the Third judicial Ju- Ju district after a petition for forn form n m alt alternative writ which had been filled filed before Judge Ed L I Bryan in Canyon county had been ben dismissed on motion of J J. J B B. B Eldridge counsel counsel counsel coun coun- sel for the water users usel'S in the belief belief belief be be- lief that the mandatory writ would obtain water wate for land lands lands' landson on n which It is alleged crops are burnIng burning burn burn- ing up With th the filing of the ma mandatory Injunction petition by the water users a petition for changing the litigation from the tho state court to the United States district court southern division was filed by James I r. r Ailshie Jr UI ted States district attorn attorney y and B. B E. E Stoute- Stoute meyer counsel for J. J B B. B Bond as superintendent of the Boise project The petition to change the case against Mr Bond from the state to the th United States district court al all alleges al- al leges l es that it It comes under the Ju Jurisdiction jurisdiction ju- ju of oaf the he latter court be because because because be- be cause cause the he l involves a civil action brought against Mr Bond Bondas I as an official and officer of the United States in charge of the Boise reclamation project constructed constructed constructed con con- operated and maintained by the United States of America under provisions of the act of congress congress congress con con- gress of June 17 1902 known as the reclamation act and acts act mandatory mandatory mandatory man man- thereof The petition further alleges that the suit arises under the laws of the United States providing for construction and operation by the United States of Irrigation works for the reclamation of or Irrigation lands and that the cause of action grows out of and involves the op operation operation operation op- op I by the United States of an Irrigation project under federal laws QUESTION OF FO FORCE CE That the action further involves questions of force and ana effect of an act of congress of August 13 1914 it is further alleged No water shall be delivered for forthe forthe forthe the lands of any water right applicant applicant cant or who shall be In arrears for more than one calendar year In pa payment ment of any charge for operation and maintenance or any annual construction charge and penalties The petition alleges again that the the value of the property and rights affected by the action Is its more than and is eligible to toga toa a hearing Inthe in inthe inthe the United States district for this reason Bond for the transfer was filed Wed by Mr Bond as was the notice notice notice no no- tice of petition for removal which government attorneys ask may be heard in the district c court urt in July or such other time as as' the court may be able to hear the cause The petition for mandatory Injunction in injunction injunction In- In junction filed tiled against Mr Bond by byS S S. S Cl Claire ire Mower alleges in part That on 1 February 13 1906 the Payette Boise Water Vater Users' Users association association association asso asso- with principal pla place e of business at Caldwell entered Into a contract with the United States for construction of the Boise federal federal federal fed fed- eral project and that mat the project was completed in 1915 that the plaintiff delivered a stock subscription tion contract and became entitled entitled to to use of ot the water under tho the Boise project I CROPS DRYING UP T That t on February 14 1922 the plaintiff delivered an individual water right contract between himself himself him him- self and the United States government government government govern govern- ment for water for a tract of land containing 53 4 acres in Canyon county of which he is now v owner that the plaintiff brings action In behalf of himself and others simIlarly sim sim- similarly situated That the lands of the plaintiff and others are arid and and that crops at this time are re drying up That the people of the tho state of ot Idaho adopted a constitution at the time of their admission to the United States article 15 sections of which provide that all waters now appropriated or that may hereafter be bo approximated for sale rental or distribution are declared to be for public use and subject to rule and reign of the state of ot Idaho That sections 1 and 4 of article 15 provide that the constitution of ot the state and public policy polley of the state provide that the tho owner of a awater awater awater water right cannot be deprived of the use of water without his consent consent consent con con- sent npr nor on account of past due maintenance charge |
