Pioneer Irrigation District v. Stone

• Citation: 23 Idaho 344,130 P. 382
• Parties: PIONEER IRRIGATION DISTRICT, a Public Corporation, Respondent, v. F. S. STONE, Appellant
• Decision Date: 10 February 1913
• Court: United States State Supreme Court of Idaho

130 P. 382

23 Idaho 344

PIONEER IRRIGATION DISTRICT, a Public Corporation, Respondent, v. F. S. STONE, Appellant

Supreme Court of Idaho

February 10, 1913

POWERS OF IRRIGATION DISTRICTS-POWER TO CONTRACT WITH SECRETARY OF THE INTERIOR-GOVERNMENT RECLAMATION SERVICE-POWERS OF DISTRICT TO DRAIN OVERFLOWED LAND.

1 Secs. 2397 and 2398 of the Rev. Codes authorize the board of directors of an irrigation district to contract with the United States for the construction of necessary works for the supply of water and irrigation of lands within the district and the provisions of those sections have been complied with in this case and the action of the district has been regular and legal.

2. Under the laws of this state, an irrigation district may provide for the drainage and reclamation of lands within the district which have been flooded or water-logged by reason of overflow, percolation or seepage from its irrigation works and the accomplishment of such purpose is one of the necessarily implied duties of the district equally as incumbent on the district as the irrigation of its dry and arid lands.

3. The Boise-Payette Water Users' Association has the power under its articles of incorporation and the state statute, to sign and execute a contract with the Secretary of the Interior for supplying water to the district for the irrigation of its lands and the drainage of overflowed lands within the district.

4. Under the provisions of the act of June 17, 1902, known as the reclamation act (32 Stats. at Large, 388), and the decision of the circuit court of appeals, in Burley v. United States, 179 F. 1, 33 L.R.A., N. S., 807, 102 C.C.A. 429 and the act of Congress of February 21, 1911 (36 Stats. at Large 925), known as the Warren act, the Secretary of the Interior is authorized and has the power to contract with an irrigation district for supplying water to such district, or partially supplying it with water for the irrigation of the lands therein and for the drainage of other lands within such district.

APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge.

Action by the Pioneer Irrigation District for the confirmation of the proceedings of the district taken with reference to a certain proposed contract with the United States. Judgment confirming the proceedings. Appeal and judgment affirmed.

Judgment affirmed. Costs awarded in favor of respondent.

Griffiths & Griffiths, for Appellant.

The question as to whether or not the federal government has the power to reclaim lands in private ownership, and if it has that power, then whether it has been exercised in the passage of the reclamation act, are partially covered and in a measure answered by the United States supreme court in the case of Kansas v. Colorado, 206 U.S. 46, 27 S.Ct. 655, 51 L.Ed. 956, and by the circuit court of appeals in the case of Burley v. United States, 179 F. 1, 33 L. R. A., N. S., 807, 102 C. C. A. 429.

As to whether an irrigation district has the power and authority to construct a drainage system for its lands is still unanswered, except in so far as this court in the case of Bissett v. Pioneer Irr. Dist., 21 Idaho 98, 120 P. 461, has covered the point. (See, also, Stuart v. Noble Ditch Co., 9 Idaho 765, 76 P. 255; McPherson v. Alta Irr. Dist., 14 Cal.App. 353, 112 P. 193.)

B. E. Stoutemyer and Thompson & Buckner, for Respondent.

The question with reference to the accumulation of drainage, waste and seepage waters and the plan to utilize them for irrigation purposes was before this court in the case of Bissett v. Pioneer Irr. Dist., 21 Idaho 98, 120 P. 461, in which the court construed sec. 2386, Rev. Codes.

"Such provisions are to be liberally construed to carry out the provisions of the law." (Nampa-Meridian Irr. Dist. v. Brose, 11 Idaho 474, 83 P. 499.)

The whole subject of the authority of the Secretary of the Interior under the reclamation act to build irrigation works for the reclamation of privately owned as well as public lands, and in so doing co-operate with private land owners, corporations or districts, has received examination and discussion in the case of Burley v. United States, 179 F. 1, 102 C. C. A. 429, 33 L. R. A., N. S., 807.

AILSHIE, C. J. Sullivan and Stewart, JJ., concur.

OPINION

AILSHIE, C. J.

This action was instituted by the Pioneer Irrigation District under the provisions of sec. 2401 of the Rev. Codes for the confirmation of the proceedings of the district after a vote had been taken on a certain proposed contract with the United States and the Boise-Payette Water Users Association. After a hearing, the court entered a decree confirming the proceedings, and this appeal has been prosecuted.

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