Louis Brandeis

“ For even if the defendants are acting illegally, under the act, in threatening to proceed without first acquiring flowage rights over the complainant's lands, the illegality, on complainant's own contention, is confined to the failure to compensate him for the taking, and affords no basis for an injunction if such compensation may be procured in an action at law. ”

“ Kincaid owns a 160-acre farm in the Boeuf basin at a point 125 miles below the point of diversion. No part of the guide levees is to be built on his land; but the land lies within the proposed channel of the floodway. He alleges that the project will expose his property to additional destructive floods, and thus subject it to a new servitude; that the mere 'setting apart (of) this property as a flood way and diversion channel and * * * advertising for and receiving bids for * * * construction of the guide levees' casts a cloud upon his title ”

“ The maximum previous flow of water into the Boeuf basin occurred in 1927, and is estimated at 450,000 cubic feet per second. Under the new plan, the flow may reach 1,250,000 feet per second in times of extraordinary flood. The War Department advertised for bids for the construction of guide levees for the Boeuf floodway, to be received June 17, 1929. To complete the project will probably require ten years. ”