Idaho Irr Co v. Gooding Gooding v. Idaho Irr Co, Nos. 324

CourtUnited States Supreme Court
Writing for the CourtSUTHERLAND
Citation68 L.Ed. 1157,265 U.S. 518,44 S.Ct. 618
PartiesIDAHO IRR. CO., Limited, et al. v. GOODING, et al. GOODING et al. v. IDAHO IRR. CO., Limited, et al
Decision Date09 June 1924
Docket Number336,Nos. 324

265 U.S. 518
44 S.Ct. 618
68 L.Ed. 1157
IDAHO IRR. CO., Limited, et al.

v.

GOODING, et al. GOODING et al. v. IDAHO IRR. CO., Limited, et al.

Nos. 324, 336.
Argued April 11 and 14, 1924.
Decided June 9, 1924.

Page 519

Mr. Gordon M. Buck, of New York City, for Idaho Irr. Co.

[Syllabus from page 519 intentionally omitted]

Page 520

Mr. Harrison Tweed, of New York City, for Equitable Trust Co. and others.

Messrs. W. G. Bissell, of Gooding, Idaho, and Karl Paine, of Boise, Idaho, for Gooding and others.

Mr. Justice SUTHERLAND delivered the opinion of the Court.

These are separate appeals by the respective parties from the same decree (285 Fed. 453), in part affirming and in part reversing the federal District Court for Idaho.

The Idaho Irrigation Company, Limited, is a corporation organized as a construction company for the purpose of reclaiming lands under Carey Act, c. 301, § 4, 28 Stat. 422 (Comp. St. § 4685). The other appellants in No. 324 (appellees in No. 336) are trustees for bondholders of the Irrigation Company and certain intervening individual owners of land, who had purchased water rights after this suit was brought and a lis pendens filed. Appellees (appellants in No. 336) are individual owners of water rights, purchased from the Irrigation Company under the Carey Act, and the state of Idaho, which intervened as a party plaintiff.

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.

The suit, brought in a state court and removed to the federal District Court, was to enjoin the Irrigation Company and the trustees from selling, disposing of, or transferring upon the books of the company any shares of the Reservoir & Canal Company held as assets of the Irrigation Company or as trustees for the benefit of bondholders, and to enjoin the Irrigation Company from making further contracts for the sale of water rights, or selling, disposing of, or transferring any shares of the Reservoir

Page 521

& Canal Company which the Irrigation Company owned or controlled.

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. Upon satisfactory proof the Secretary of the Interior is directed to issue patents to the state or its assigns. In pursuance of the Carey Act and of its own statutes to carry that act into effect, Comp. Stats. Idaho 1919, p. 848, c. 136, the state of Idaho entered into contracts with the Irrigation Company for the reclamation of approximately 167,000 acres of land, and the company entered into contracts with appellees and other settlers to furnish water for lands to be acquired by them in the project, to be represented by shares of stock in the Reservoir & Canal Company.

By these contracts, made on January 2, 1909 and prior dates the Irrigation Company, understood to be the owner of the right to divert 6,000 cubic feet per second of time of water, agreed that it would furnish and deliver to the owners of such shares all of the appropriated waters to the extent of one-eightieth of a cubic foot per second of time per acre, and that water rights or shares should not be sold beyond the carrying capacity of the canal system or in excess of the waters appropriated. Shares of stock of the Reservoir & Canal Company were to be issued in the proportion of one share for each one-eightieth of a cubic foot per second of time. It was further agreed that the irrigation works should be completed within five years from the date of the contracts, at which time the obligation to furnish the full one-eightieth

Page 522

of a cubic foot per second of time per acre should be in force and effect.

Upon application of the state of Idaho and evidence to the effect that an ample supply of water was actually furnished and in sufficient quantity to reclaim the lands as contemplated by the Carey Act, the Secretary of the Interior fixed the area of...

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14 practice notes
  • Anderson v. Wyoming Development Company, 2267
    • United States
    • United States State Supreme Court of Wyoming
    • December 13, 1944
    ...(Ore.). There is no right to sell more water rights than for which there is an adequate supply of water. Idaho Irrigation Co. v. Gooding, 265 U.S. 518, 44 S.Ct. 618, 621; Caldwell v. Twin Falls Salmon River Land & Water Co. 225 F. 584, 589 (Idaho). All conveyances executed after the sup......
  • Ives Laboratories, Inc. v. Darby Drug Co., Inc., No. 529
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 11, 1979
    ...to be sold or dispensed as Coco-Quinine or be used in filling prescriptions or orders calling for the latter." 265 U.S. at 532-33, 44 S.Ct. at 618. The second case, Kellogg Company v. National Biscuit Co., 305 U.S. 111, 59 S.Ct. 109, 83 L.Ed. 73 (1938), 7 related to shredded wheat. The......
  • Northside Canal Co. v. State Board of Equalization, No. 1453.
    • United States
    • United States District Courts. 10th Circuit. District of Wyoming
    • September 26, 1925
    ...that this decision does not purport to determine whether it is real or personal property. In the case of Idaho Irrigation Co. v. Gooding, 265 U. S. 518, at page 525, 44 S. Ct. 618, 621 (68 L. Ed. 1157), in speaking of water rights, the court uses the following "It may be conceded that ......
  • North Shore Laboratories Corp. v. Cohen, No. 82-1519
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 22, 1983
    ...a preparation, which every one [other than Lucas] is free to make and vend." William R. Warner & Co., supra, 265 U.S. at 532, 44 S.Ct. at 618. The legal wrong cannot exist in the mere use of the color brown. There must be "unfair and fraudulent advantage which is taken of such......
  • Request a trial to view additional results
14 cases
  • Anderson v. Wyoming Development Company, 2267
    • United States
    • United States State Supreme Court of Wyoming
    • December 13, 1944
    ...(Ore.). There is no right to sell more water rights than for which there is an adequate supply of water. Idaho Irrigation Co. v. Gooding, 265 U.S. 518, 44 S.Ct. 618, 621; Caldwell v. Twin Falls Salmon River Land & Water Co. 225 F. 584, 589 (Idaho). All conveyances executed after the sup......
  • Ives Laboratories, Inc. v. Darby Drug Co., Inc., No. 529
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 11, 1979
    ...to be sold or dispensed as Coco-Quinine or be used in filling prescriptions or orders calling for the latter." 265 U.S. at 532-33, 44 S.Ct. at 618. The second case, Kellogg Company v. National Biscuit Co., 305 U.S. 111, 59 S.Ct. 109, 83 L.Ed. 73 (1938), 7 related to shredded wheat. The......
  • Northside Canal Co. v. State Board of Equalization, No. 1453.
    • United States
    • United States District Courts. 10th Circuit. District of Wyoming
    • September 26, 1925
    ...that this decision does not purport to determine whether it is real or personal property. In the case of Idaho Irrigation Co. v. Gooding, 265 U. S. 518, at page 525, 44 S. Ct. 618, 621 (68 L. Ed. 1157), in speaking of water rights, the court uses the following "It may be conceded that ......
  • North Shore Laboratories Corp. v. Cohen, No. 82-1519
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 22, 1983
    ...a preparation, which every one [other than Lucas] is free to make and vend." William R. Warner & Co., supra, 265 U.S. at 532, 44 S.Ct. at 618. The legal wrong cannot exist in the mere use of the color brown. There must be "unfair and fraudulent advantage which is taken of such......
  • Request a trial to view additional results

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