“ The rule that where the same matter is brought before courts of concurrent jurisdiction, the one first obtaining jurisdiction will retain it until the controversy is determined, to the entire exclusion of the other, and will maintain and protect its jurisdiction by an appropriate injunction, is confined in its operation to instances where both suits are substantially the same ”

“ These statements are to be exposed to public inspection, so that every claimant may determine whether there is occasion for him to oppose or contest the claims of others. The state engineer, or a qualified assistant, is to measure the flow of the stream, the carrying capacity of the several ditches taking water therefrom, and the land irrigated or susceptible of irrigation from each ditch, and also to take such other observations as may be essential to a proper understanding of the claims involved, a report of all of which is to be made in writing. ”

“ No claimant is in possession, and all assert a right to take from the common source. In this situation we think it is within the power of the state to require that, pending the final adjudication, the water shall be distributed according to the board's order, unless a suitable bond be given to stay its operation. ”

“ It is reasonable to assume that the expense to the state of the investigation, mapping, taking testimony, and other acts involved in the determination of the claimant's rights, will equal and in many cases exceed the amount of the fee charged ”

“ When that proceeding was first set in motion, the Pacific Live Stock Company, the plaintiff in this suit, presented to the board a petition and bond for the removal of the proceeding, or a part of it, alleged to involve a separable controversy, to the district court of the United States, upon the ground that it was a suit between citizens of different states. ”

“ After the evidence in the contests is taken, it and the sworn statements of the several claimants, with the report of the engineer's measurements and observations, are to be laid before the board, the statements and the report both being regarded as evidence appropriate to be considered. ”

“ The fee alleged to be extortionate is a charge graduated according to the amount of land irrigated under the claim submitted, and is 15 cents per acre for the first 100 acres, 5 cents per acre for the next 900 acres, and 1 cent per acre for any excess over 1,000 acres. ”