George Sutherland

“ Whatever may be the effect of this action as between the United States and the state of Idaho, it is perfectly clear that it can have no effect upon the rights of the individual land and water owners. Their rights are to be measured by the contracts, and by these contracts the Irrigation Company bound itself to furnish one-eightieth of a cubic foot per second of time per acre. ”

“ By the Carey Act the United States binds itself to donate, grant, and patent to a state, complying with stated conditions, desert lands, which the state may cause to be irrigated, reclaimed, and occupied. The state is required to file a map of the land proposed to be irrigated, showing the plan of irrigation, etc., and is authorized to make contracts, to cause the lands to be reclaimed, and to induce their settlement and cultivation. ”

“ The water rights are represented by shares of stock in the Big Wood River Reservoir & Canal Company, organized as an operating company by the Irrigation Company in pursuance of contracts with the state of Idaho. ”