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BANCROFT 
 LIBRARY 
 
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 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 OF CALIFORNIA 
 
Irrigation Investigations, 
 Berkeley, California 
 
 REPORT v 
 
 OF THE 
 
 Idaho , Irrigation and 
 
 Drainage Code 
 
 Commission 
 
 TO THE 
 
 GOVERNOR OF IDAHO 
 
 1915 
 
 PREPARED BY THE 
 
 IDAHO IRRIGATION AND DRAINAGE 
 CODE COMMISSION 
 
 CAPITAL NEWS JOB ROOMS 
 BOISE 
 
REPORT 
 
 OF THE 
 
 Idaho Irrigation land 
 
 Drainage Code 
 
 Commission 
 
 TO THE 
 
 GOVERNOR OF IDAHO 
 
 1915 
 
 PREPARED BY THE 
 
 IDAHO IRRIGATION AND DRAINAGE 
 CODE COMMISSION 
 
 CAPITAL NEWS JOB ROOMS 
 BOISE 
 
^ 7f? 
 
 I 27 
 
 Hon. M. Alexander, 
 Governor of Idaho, 
 
 Boise, Idaho. 
 
 Sir: I have the honor to transmit herewith a number of 
 Carey Act reports, the recommendations, and a statement of 
 the expenditures of the Idaho Irrigation and Drainage Code 
 Commission appointed under and by virtue of authority vested 
 in you by Senate Bill No. 113, 1915 Session Laws. 
 
 Respectfully, 
 
 ERNEST ANDERSON, 
 
 Vice-Chairman. 
 
 
IDAHO IRRIGATION AND DRAINAGE 
 CODE COMMISSION 
 
 COMMISSIONERS 
 
 CHASE A. CLARK, Chairman Mackay, Idaho 
 
 ERNEST ANDERSON, Vice Chairman. . .Parma 
 
 D. L. CARTER, Secretary Cambridge 
 
 J. A. WATERS Twin Falls 
 
 E. E. ELLIOTT Bonners Ferry 
 
IRRIGATION AND DRAINAGE 
 COMMISSION ACT 
 
 CHAPTER 109, LAWS 1915, 251. 
 (S. B. No. 113) 
 
 AX ACT 
 
 TO AUTHORIZE THE APPOINTMENT OF A COMMISSION TO 
 REVISE THE IRRIGATION DRAINAGE LAWS OF THE STATE 
 OF IDAHO, AND TO DRAFT AND PROPOSE LEGISLATION 
 RELATING TO THE INDUSTRIES OF IRRIGATION AND 
 DRAINAGE, AND TO MAKE RECOMMENDATIONS FOR THE 
 RELIEF OF SETTLERS ON CAREY ACT LANDS; DEFINING 
 THE POWERS OF SUCH COMMISSION; THE NUMBER OF 
 PERSONS WHO SHALL CONSTITUTE THE SAME; GIVING 
 THE SAME AUTHORITY TO EMPLOY SUCH ASSISTANCE 
 AS MAY BE REQUIRED; PROVIDING FOR THE COMPENSA- 
 TION OF THE SAME; MAKING AN APPROPRIATION; AND 
 DECLARING AN EMERGENCY. 
 
 Be it Enacted by the Legislature of the State of Idaho : 
 
 Section 1. The Governor of the State of Idaho is hereby 
 authorized to appoint a commission to consist of five (5) mem- 
 bers to revise and codify the irrigation and drainage laws of 
 the State of Idaho, to draft such legislation relating to the in- 
 dustries of irrigation and drainage as may be deemed advis- 
 able to submit to a proper legislative body for enactment into 
 law, and to make such recommendations as may be considered 
 necessary for the better government and more rapid develop- 
 ment of the said industries, and to make such recommenda- 
 tions and draft such legislation as may be deemed wise and 
 expedient for the relief of settlers on Carey Act lands. 
 
 Sec. 2. The members of the commission shall be selected 
 from the various political organizations, and shall be persons 
 selected and appointed because of their peculiar qualifications 
 and fitness for the performance of the duties and services for 
 which said commission is created. 
 
6 Report of Commission 
 
 Sec. 3. The members of the commission shall be selected 
 from the membership of the Thirteenth Session of the Idaho 
 Legislature, and two (2) of whom shall be from the member- 
 ship of the Senate, and three (3) from the House of Repre- 
 sentatives. 
 
 Sec. 4. The said commission shall hold meetings from time 
 to time at such place or places as the chairman thereof may 
 designate, and shall expedite its labors with the greatest dis- 
 patch consistent with efficiency, and at the earliest possible 
 moment, report to the Governor of the State of Idaho its de- 
 termination and recommendation thereon as to action in the 
 premises. 
 
 Sec. 5. The said commission shall be and is hereby em- 
 powered to employ such legal, technical and clerical assistance 
 as it may require to accomplish the purpose for which it is 
 created and the compensation for such assistance shall be paid 
 from the funds appropriated herein for the carrying out of the 
 provisions of this act. 
 
 Sec. 6. The Governor shall designate the chairman of said 
 commission, who shall report to him from time to time the 
 progress in the duties of the said commission, and the term 
 for which the said chairman and the other members of the 
 commission shall be appointed shall terminate on the first day 
 of January, 1916. 
 
 Sec 7. The members of said commission shall receive their 
 actual and necessary traveling expenses incurred in the per- 
 formance of their duties, and a per diem allowance of Five 
 Dollars ($5.00) per day for each member while on business of 
 the commission. 
 
 Sec. 8. There is hereby appropriated from any funds of 
 the State of Idaho not otherwise appropriated the sum of 
 Four Thousand Five Hundred Dollars ($4,500), for the use 
 of said commission, in carrying out the provisions of this act, 
 and any part of the said sum which may remain unexpended 
 
Report of Commission 7 
 
 when the commission shall have finished its labors, shall be 
 returned to the Treasurer of the State of Idaho. 
 
 Sec. 9. The commission shall keep or cause to be kept a 
 true and accurate account of its expenditures and file the same 
 with its final report and recommendations with the Governor 
 of the State of Idaho, not later than the first day of Decem- 
 ber, 1915. 
 
 Sec, 10. An emergency existing therefor, this act shall be 
 in full force and effect, from and after its passage and ap- 
 proval. 
 
 Approved March 16, 1915. 
 
GENERAL REPORT 
 
 Hon. M. Alexander, Governor, State of Idaho. 
 
 Boise, Idaho. 
 
 Sir: The Idaho Irrigation and Drainage Code Commis- 
 sion herewith present in detailed form the report of its labors 
 and investigations which were undertaken in pursuance of the 
 duties assigned to it. 
 
 The Commission was created by the passage of Senate Bill 
 No. 113, which was approved by you on March 16, 1915. This 
 act provided for the creation of a non-partisan commission 
 consisting of five members to be appointed by the Governor, 
 two of whom were to be selected from the Senate and three 
 from the House. In accordance with the authority thus 
 vested in you the following appointments were made: 
 From the Senate: 
 
 E. E. Elliott, Bonners Ferry. 
 D. L. Carter, Cambridge. 
 From the House : 
 
 Chase A. Clark, Mackey, Chairman. 
 J. A. Waters, Twin Falls. 
 Ernest Anderson, Parma. 
 
 DUTIES. 
 
 The duties of the Commission are enumerated in Section 1 
 of the act, which reads as follows : 
 
 "The Governor of the State of Idaho is hereby authorized 
 to appoint a commission to consist of five (5) members to 
 revise and codify the irrigation and drainage laws of the 
 State of Idaho, to draft such legislation relating to the in- 
 dustries of irrigation and drainage as may be deemed advis- 
 able to submit to a proper legislative body for enactment into 
 law, and to make such recommendations as may be considered 
 necessary for the better government and more rapid develop- 
 
Report of Commission 9 
 
 ment of the said industries, and to make such recommendations 
 and draft such legislation as may be deemed wise and expe- 
 dient for the relief of settlers on Carey Act lands." 
 
 There is nothing in the law to indicate the relative import- 
 ance of duties therein assigned. 
 
 An effort has, therefore, been made by the Commission to 
 carry out each of the instructions as fully as possible in the 
 brief time allotted for such comprehensive assignments. 
 
 It will be noted that the powers of the Commission are 
 largely advisory and that the apparent intent of the Legisla- 
 ture was to secure through the Commission such information 
 relative to the industry of irrigation and the Carey Act situ- 
 ation, as well as recommendations for such changes as a spe- 
 cial investigating body might conclude advisable, in order that 
 it might be properly guided in the enactment of future irriga- 
 tion legislation. 
 
 Section 4 of the act authorizes the Commission to hold meet- 
 ings from time to time at such places as the chairman, or 
 vice-chairman, thereof may designate, and shall expedite its 
 labors with the greatest despatch consistent with efficiency, 
 and at the earliest possible moment report to the Governor of 
 the State its determination with recommendation thereon as 
 to action in the premises. 
 
 In Section 5, provision is made for the employment of such 
 legal, technical, and clerical assistance as it may require to 
 accomplish the purpose for which it is created. In the course 
 of its labors the employment of such assistance has become 
 necessary from time to time. 
 
 SPECIAL REPORTS. 
 
 The Commission has from time to time laid before you 
 special reports on the several Carey Act projects of the State, 
 which are incorporated in this general report. These reports 
 embody the findings of the Commission with respect to the 
 
10 Report of Commission 
 
 projects visited and contain in most instances specific recom- 
 mendations for the solution of the difficulties that confront 
 the entrymen and the companies. Eight of the larger pro- 
 jects were visited, while the official records and correspondence 
 supplied the necessary information on the conditions of the 
 other Carey Act projects of the State. 
 
 By the terms of Section 6 of the act, the Commission must 
 terminate its labors on January 1, 1916. 
 
 It is unfortunate that the life of the Commission was lim- 
 ited to such brief period of time. The work done could have 
 been more effectively performed had longer time been allowed. 
 The subject of irrigation and the Carey Act development is a 
 large one and more time should have been allotted for study 
 and investigation thereof. 
 
 In conformity with the power delegated the Commission 
 in Section 1 of the act, report is made that Mr. A. C. Hindman 
 was employed to revise and codify the irrigation and drain- 
 age laws. This work has been completed and a printed copy 
 of the codified irrigation and drainage laws accompanies this 
 report. We are suggesting herewith such legislation rela- 
 tive to the industry of irrigation and drainage as the Com- 
 mission is convinced should be enacted into the law of the 
 State. Included in these suggestions are recommendations 
 that are considered necessary for the better government and 
 more rapid development of the industries of irrigation and 
 drainage and the placing of the same on a more substantial 
 basis. There accompanies this report resolutions and bills 
 for presentation to the next session of the Legislature, with 
 recommendations that they be enacted into law or approval 
 of the people of the State. 
 
 Much of the time of the Commission was taken up in the 
 investigation of the Carey Act projects in the State. These 
 investigations and the preparation of reports upon the sev- 
 eral projects are now in your hands and indicate the extent 
 
Report of Commission 11 
 
 of our services along this particular line. In carrying out 
 these investigations the secretary of the Commission was 
 instructed to communicate with the officials and settlers on 
 each Carey Act project and secure at first hand a statement 
 of their condition and their grievances, if any, as well as 
 suggestions for improvement. Based on these reports, to- 
 gether with the recommendations of the Carey Act depart- 
 ment of the State Land Office, it was decided that only those 
 projects from which the greatest complaint arose should be 
 investigated. 
 
 In the routine of this work the following projects were 
 personally examined by the Commission : 
 
 The Big Lost River; 
 
 Blaine County Irrigation project; 
 
 The Twin Falls Salmon River; 
 
 The Twin Falls Oakley; 
 
 King's Hill and King's Hill Extension; 
 
 Twin Falls North Side; 
 
 West End Twin Falls ; 
 
 The Idaho Irrigation Company ; and the 
 
 Drainage features of the Twin Falls South Side. 
 
 In the investigation the fullest amount of time was al- 
 lowed by the Commission and several of the reports were de- 
 ferred as long as possible in order to secure the fullest in- 
 formation available. 
 
 On June 1, 1915, the Commission assembled at Arco, in 
 Blaine county, for the purpose of investigating the Big Lost 
 River project. On this occasion a public meeting was held 
 in the city hall, which was attended by practically all of the 
 settlers upon this tract, as well as many other interested per- 
 sons. On the two subsequent days the physical condition of 
 the project was thoroughly investigated, which included a 
 trip to the site of the Mackey reservoir, and an examination 
 of the uncompleted dam. On the same day a meeting was 
 
12 Report of Commission 
 
 held with the citizens of Mackey at which time the direct 
 interest of the town in its relation to the dam was fully dis- 
 cussed. Throughout our investigation the proposition of the 
 Utah Construction Company, which has secured control of 
 the project under foreclosure proceedings, were fully dis- 
 cussed, and their general scheme for reorganization and re- 
 vival of the project was favorably considered on the part of 
 the Commission, which has already been noted in the report 
 on this project now on file in your office. 
 
 The Elaine County Irrigation Company was also visited 
 and meetings were held with the settlers on this tract. Since 
 this project, at the time of the Commission's visit, was in 
 process of re-organization, no formal report has been made 
 upon it, as the plans suggested for its future development 
 were not available for the benefit of the Commission. 
 
 On June 5th, the Commission drove over the Twin Falls 
 South Side project, making a particular examination into 
 the method being followed for the reclamation through 
 drainage of submerged lands ruined by excessive irrigation. 
 The success of the drainage plans there carried out were 
 gratifying and were proving eminently successful, and while 
 the particular plan of drainage which was being carried out 
 there might not be applicable to other sections of the State, its 
 success at Twin Falls was so marked that it might profitably 
 be tried elsewhere. 
 
 On June 7th, the Commission traversed the segregation 
 known as the Twin Falls Salmon River project, discussing 
 with the settlers the difficulties confronting them, and examin- 
 ing the system. Later in the day a meeting with the entry- 
 men was held at Hollister. The difficulties confronting both 
 the entrymen and the bondholders on this project, together 
 with our recommendations for relief, were fully set forth in 
 the Commission's report on the Salmon River project, which 
 has heretofore been transmitted to you. 
 
 A similar trip of inspection was made over the Twin Falls 
 
Report of Commission 13 
 
 Oakley project, which is located in Cassia county. Condi- 
 tions on this project bear a close resemblance to those on the 
 Salmon tract. The final reports, with recommendations re- 
 garding these two projects, were deferred until the close of 
 the growing season, in order that the fullest possible amount 
 of information might be obtained as to the effect of the water 
 shortage of the season just closed. 
 
 The following day was spent upon the Twin Falls North 
 Side project, which on that day, June 9th, appeared to be in 
 a reasonably good condition. Shortly after that date, it was 
 learned by the Commission, a very serious reduction in the 
 amount of water deliveries took place and complaints began 
 pouring in as to the conditions resulting therefrom. As a 
 result the Commission decided to send special representative* 
 to the project, later in the season, for the purpose of investi- 
 gating conditions more thoroughly, and before the final drafi 
 of the report on the project was made, three members of the 
 Commission visited the tract and held meetings at various 
 points. 
 
 On June 10th an examination was made of the irrigation 
 system known as the King's Hill project, located in Owyhee 
 and Elmore counties. As the difficulties here were largely 
 of an engineering nature, and the growing season well ad- 
 vanced for that section, our report was completed and sub- 
 mitted at the October session of the Commission. 
 
 Mr. J. A. Waters was delegated by the other members to 
 make a personal examination of the tract known as the Idaho 
 Irrigation project, located in Elaine, Lincoln and Gooding 
 counties. This investigation was made during the months of 
 September and October, and covered a period of several days, 
 and inclu3ed interviews and meetings with the settlers and 
 conferences with the operative board. Basing our conclusions 
 upon the written reports of this member, final recommenda- 
 tions were prepared and have already been submitted to you 
 regarding conditions on this project. 
 
14 Report of Commission 
 
 The status of the West End Twin Falls project has also 
 been examined into and recommendations for the relief of 
 the settlers on this tract, through action of the Land Board, 
 have been suggested to you. 
 
 In furtherance of its duties in recommending legislation 
 looking to a revision of the laws on irrigation and drainage, 
 this Commission assigned to the respective members of the 
 Commission, the investigation of the workings of various 
 irrigation enterprises throughout the State for the purpose 
 of determining the efficiency of the laws for the operation of 
 such irrigation enterprises as are not included in the list of 
 Carey Act projects. These investigations were extended to 
 include a study of the methods of appropriating and adjudi- 
 cating the waters of the State, the management of irrigation 
 .'districts, the method of making assessments for the mainte- 
 nance of such enterprises, and the practicability of our ir- 
 rigation system. 
 
 The conclusions of the Commission are embodied under 
 the title : "Recommended Irrigation Legislation," which fol- 
 lows : 
 
 Respectfully submitted, 
 
 IDAHO IRRIGATION AND DRAINAGE CODE COMMISSION. 
 
 ERNEST ANDERSON, 
 J. A. WATERS, 
 E. E. ELLIOTT, 
 D. L. CARTER, 
 
 Members. 
 
RECOMMENDED IRRIGATION 
 LEGISLATION 
 
 Senate Bill No. 113 provides among- other things that: 
 "The Commission shall draft such legislation relating to the 
 industries of irrigation and drainage as may be deemed ad- 
 visable to submit to a proper legislative body for enactment 
 into law, and * to make such recommenda- 
 
 tions and draft such legislation as may be deemed wise and 
 expedient for the relief of settlers on Carey Act lands." 
 
 The Commission has investigated our present system of 
 adjudicating water rights and in administering the irriga- 
 tion law of the State, and find that water litigation is in- 
 creasing to an alarming extent; that the present methods of 
 adjudication are cumbersome and inflexible and we deem it 
 imperative that some way be devised by which adjudications 
 may be made less expensive and more equitable, and that the 
 duty of water may be varied according to the conditions as 
 they arise. The Commission therefore proposes a plan that, 
 while it is in a measure revolutionary so far as the State of 
 Idaho is concerned, various features of it have been in op- 
 eration in Wyoming and Oregon and, though severely criti- 
 cised, apparently are successful there. The plan as proposed 
 by the Commission would effect a change whereby the ad- 
 ministration and adjudication of the waters of the State 
 would be placed in the hands of a board complosed of the 
 State Engineer and two other members appointed by the 
 Governor 'from different irrigated sections of the State. 
 
 We believe that the tenure of office should be appointive by 
 the Governor on a non-partisan basis and that the appoint- 
 ment should be confined to men who are familiar with irri- 
 gation conditions, but we do not believe that they should 
 
16 Report of Commission 
 
 necessarily be technical men, as the technical experience could 
 be well supplied by the State Engineer. The term of office 
 should be four years and after the organization of the board 
 the appointments should be made alternately. The salary, 
 we believe, should be not more than $3,000.00 a year. 
 
 This board should be given the power of adjudicating the 
 waters of the State on their own motion or upon a call from 
 a small percentage of the water users of any stream. In or- 
 der to avoid a conflict with our Constitution, as these powers 
 might be considered judicial, we would recommend that the 
 findings of this board be sent to the district judge for con- 
 firmation or rejection, and if rejected sent back to the board 
 for further consideration. 
 
 We believe this board should be given the power to change 
 existing decrees, where, because of the change of condi- 
 tions, the same is not conducive to the highest beneficial 
 use of water; and, further, that this change could be made 
 on very short notice at any time during the irrigating sea- 
 son, whenever necessary. 
 
 The Commission has drafted a bill embodying the above 
 principles, but because of the drastic changes proposed an4 
 because of the difference of opinion of the members of the 
 Commission as to certain features of the bill, we have deemed 
 it best to submit this outline of our recommendations, believ- 
 ing that by further study of the principles of the bill, the ideas 
 will be crystallized into a definite workable bill that can be 
 presented to the next Legislature for enactment into law. 
 
 There are at the present time two methods of appropriat- 
 ing water, to-wit : The constitutional method, which per- 
 mits appropriations by merely posting notices of filing and 
 making beneficial use of the water; and the statutory method, 
 by filing an application with and securing a permit from the 
 State Engineer. These two methods have tended to create 
 confusion, as no record is made by the constitutional method. 
 
Report of Commission 17 
 
 The Commission has therefore drafted proposed amend- 
 ments to the Constitution with this end in view, and the 
 same has been submitted to you. 
 
 CAREY ACTS. 
 
 The Commission gave the fullest possible consideration to 
 the Carey Act problems confronting the State. We have en- 
 deavored to supplement our own knowledge and our experi- 
 ences gained by investigation by the opinion of well informed 
 men on irrigation law. 
 
 Inasmuch as the State has suffered to a large extent in the 
 number of enterprises for the reclamation of arid lands, the 
 Commission deems it of paramount importance that some 
 changes be made in the laws relating to the subject. 
 
 In view of the fact that companies have been promoted 
 with but little or no capital and have depended to such a 
 large extent upon the money advanced by the purchasers of 
 water rights, we deem it best that no company be permitted 
 to sell any water rights until it has on hand an amount of 
 money equal to at least forty per cent of the cost of construc- 
 tion as estimated by the State Engineer. This would of it- 
 self insure more careful engineering and prevent, in a large 
 measure, the failure of many enterprises. 
 
 We would therefore recommend changing Section 1621 
 of the Revised Codes pertaining to Carey Acts to that end. 
 
 We would also recommend that only such portion of the 
 land be opened for settlement at any time as has water ac- 
 tually available to irrigate it, and that small units of segre- 
 gation be made. If the water is actually made available be- 
 fore the settler is permitted to take up the land he may then 
 safely prepare his lands for crops with assurance of success. 
 
 And we would further recommend that the contracts with 
 the settlers do not require the payment of any sum of money, 
 except maintenance, before the end of two years after the 
 entry is made, and then that only interest be required for a 
 
18 Report of Commission 
 
 period of years, and payments on the principal and interest 
 be made on a graduated scale which would retire the prin- 
 cipal at the end of a fixed period. 
 
 \Ye find that in many instances the bondholders on the ir- 
 rigation projects stand to lose because they have bought 
 their bonds only to later find out that the project is not on 
 a solid basis. In order to protect these bondholders we would 
 therefore recommend that a law be passed preventing the 
 sale of any bonds until the project is at least twenty-five per 
 cent complete. This would tend to do away with the specu- 
 lative features and give our irrigation bonds a more fixed 
 and stable value at very near par. 
 
 Section 1624 of our Carey Act law provides that: "Noth- 
 ing in this chapter shall be construed as authorizing the 
 board to obligate the State to pay for any work constructed 
 under any contract or to hold the State in any way respon- 
 sible to settlers for the failure of contractors to complete the 
 work according to the terms of their contracts with the State." 
 
 Your Commission finds that in spite of this section of our 
 law numerous enterprises have in one way or another ad- 
 vertised that the State was back of the project, and some 
 members of past land boards held out such assurances to the 
 settlers who were influenced by this representation. In order 
 that a recurrence of such false representations may be pre- 
 vented we would recommend that Section 1625 of the Carey 
 Act providing for the publication of notices of opening be 
 amended by adding thereto, that such notice shall specifiically 
 state that the State is not in any way responsible for the fail- 
 ure of the contractors to complete the work according to the 
 terms of the contract with the State. 
 
 IRRIGATION DISTRICTS. 
 
 Your Commission have also considered the irrigation dis- 
 trict law and believe that some minor changes should be made 
 therein. In some irrigation districts there is a large acreage 
 
Report of Commission 19 
 
 of lands held under homestead and desert land laws and the 
 title to the same has not yet passed from the United States 
 Government. These lands were all bonded to pay the cost of 
 the irrigation system and the annual maintenance of the 
 same. The owners of these lands know that so long as the 
 title remains in the United States Government they cannot 
 be reached by delinquent tax sales. The result is that they 
 refuse to pay the tax assessments, which throws an increased 
 burden upon the owners of the patented lands. We believe 
 that the laws should be amended so that irrigation districts 
 may be permitted to refuse to deliver water to such land set- 
 tlers whose assessments are delinquent, and to refuse to de- 
 liver any water to them so -long as their taxes remain delin- 
 quent. 
 
 Section 2412, as amended by Chapter 88 of the Session 
 Laws of 1915, should be amended by adding thereto: 
 
 "And Provided, -further, That maintenance warrants in the 
 hands of the original payee may be used in the payment of 
 
DRAINAGE LAWS OF IDAHO 
 
 The drainage laws of Idaho are of comparatively recent en- 
 actment. The old law, which was on the statute book pre- 
 vious to 1911, had been copied closely after the laws of the 
 State of Washington, and was so loosely drawn that there 
 had always been grave doubts as to its constitutionality. Pre- 
 vious to 1911, little effort had been made to promote drain- 
 age enterprises, owing to doubt of the adequacy of the law. 
 
 In 1911, under a test case brought up from Bonner county, 
 this law was declared invalid by the supreme court on the 
 grounds that it was in conflict with Section 21, Article 1, of 
 the Constitution, which prohibited a property qualification 
 for any electoral proposition except as specified. The entire 
 law was wiped from the statute books and the present law, 
 as originally enacted, was passed by the Legislature of 1913. 
 
 At the 1915 session some immaterial amendments were 
 added to the law, intended to make it of wider application, 
 particularly for drainage purposes in irrigation districts. So 
 far, the law has not been thoroughly tested out as a working 
 medium since but two districts have been fully organized, 
 and none have advanced so far as to complete their systems 
 since 1913. The law as drawn is very comprehensive and 
 was intended to meet all conditions that materialized in all 
 sections of the State. 
 
 In Idaho, drainage will naturally be carried out under two 
 general conditions. One will be the drainage of swamp lands 
 along the rivers and streams, particularly those of the north- 
 ern part of the State. The other will be reclamation of lands 
 through drainage in irrigated sections, chiefly in the south- 
 ern part of the State, which have become water-logged from 
 excessive irrigation. A general law to meet both of these 
 
Report of Commission 21 
 
 conditions must necessarily be of wide application as this 
 law was intended to be. 
 
 So far no material defects have been reported by the com- 
 missioners or attorneys for the various districts that have been 
 established, or are at present in process of organization. Ow- 
 ing to constitutional hindrances, it was necessary to provide 
 a form or organization which was outside of the electorate 
 of the districts. This was done by placing the supervision of 
 such work in the hands of the judges of the district courts. 
 
 Some complaint has arisen on this account because the land 
 owners themselves are not permitted to have a closer control 
 over the projects in which they are so vitally interested. The 
 very fact, however, that the administration is under the con- 
 trol of the court insures its impartial administration, and 
 some attorneys declare that this is one of the strongest feat- 
 ures of the present law. 
 
 Other complaints have been made as to the method re- 
 quired for serving notices on interested parties in making 
 the assessments for benefits and damages. While this pro- 
 cedure may be unusually complicated, it is apparently in- 
 tended to insure the fullest publicity in such matters, since 
 every party in interest is required to be informed as to the 
 exact procedure and his personal interest therein. 
 
 As time goes on and experience demonstrates, there will no 
 doubt be other amendments to the present law required, but 
 since this law has already been passed on twice by the su- 
 preme court, and its constitutionality determined, there seems 
 to be no reason to doubt its adequacy for the general condi- 
 tions which prevail in this State. 
 
EXPENDITURES OF COMMISSION 
 
 Appropriation $4500 . 00 
 
 Railroad and auto fares $ 698.80 
 
 Hotel and meals 465 . 30 
 
 Per diem allowances 1415 .00 
 
 Legal and technical assistance 450.00 
 
 Clerical assistance 165 .85 
 
 Postage and stationery 58 . 75 
 
 Telephones and telegraph 24 . 69 
 
 Printing codified laws 315.00 
 
 Printing reports 152.00 
 
 Miscellaneous 1 6 . 00 
 
 Total $3795.39 
 
 Unexpended appropriation 704.61 
 
 $4500.00 $4500.00 
 
REPORT ON THE BIG LOST 
 RIVER PROJECT 
 
 The Commission appointed by you under and by virtue 
 of the provisions of Senate Bill No. 113 to revise and codify 
 the irrigation and drainage laws of the State and to suggest 
 relief for the settlers on the Carey Act lands, report that 
 the Commission met, pursuant to the call of the chairman, 
 Chase A. Clark, on May llth, at the capitol, in Boise, Idaho, 
 and organized by the selection of D. L. Carter as secretary 
 of the Commission, and for the transaction of such business 
 as is ordinarily followed out in perfecting an organization. 
 
 There being at that time only three members of the Com- 
 mission present, it was decided to defer further work until 
 the full attendance could be secured. 
 
 Accordingly, the Commission was called to meet at Arco 
 on June 1st to consider matters relating to the Big Lost River 
 Irrigation project. The entire membership of this Commission 
 was present and called a meeting of settlers and entrymen, 
 which was held in the city hall and at which a large number 
 of Carey Act settlers were present, together with representa- 
 tives of the Utah Construction Company, which is now the 
 legal successor of the original construction and bonding com- 
 panies. 
 
 At this meeting, the proposed new contract of the Utah 
 Construction Company was fully discussed and the ideas of* 
 the settlers secured. Following this meeting an additional 
 conference was held with the Settlers' Carey Act Protective 
 Association. 
 
 On the following day, the members of the Commission vis- 
 ited the entire area of the project proposed to be irrigated, 
 
24 Report of Commission 
 
 by auto, traveling in all about 125 miles, and arriving at 
 Mackay late the same evening. 
 
 On the following morning we made the trip to inspect the 
 Mackay dam and were accompanied by Mr. Wattis, the sec- 
 retary, and Mr. Gibbs, the engineer, of the Utah Construc- 
 tion Company. The entire forenoon was spent in going 
 over and examining this structure. In the afternoon a meet- 
 ing of the citizens was held in order to secure their views 
 regarding reconstruction of the dam so as to protect the lives 
 and property of the people of Mackay. Following this meet- 
 ing, the Commission, traveling by auto, went to the town of 
 Howe, on the Little Lost River Irrigation project, where 
 they spent the night and held a brief meeting with the settlers 
 of that place. On the following day, the trip was made 
 through the Elaine County Irrigation project as far as the 
 Little Lost River dam, located a few miles above the town 
 of Bernice. 
 
 On this trip we made a point of interviewing as many set- 
 tlers as possible in order to secure their opinions. Arriving 
 at Arco about noon, the Commission left for South Idaho 
 points, and visited in turn a number of Carey Act projects, 
 on which we will make a complete report and file same with 
 you at a later date. 
 
 It is the purpose and intent of the Commission at this time 
 to make only a partial report of its labors and this will in- 
 clude only our investigation on the first project visited, known 
 as the Big Lost River project. 
 
 The Commission has fully gone into the details with the 
 Utah Construction Company regarding the contract under 
 which it proposes to revive this project and complete the nec- 
 essary construction work. 
 
 The Commission is of the opinion that it is desirable to 
 complete the plans and proposals of this company and to ar- 
 range for the resumption of the construction work at the 
 
Report of Commission 25 
 
 very earliest possible date. Matters of detail relating to the 
 contract may be difficult to solve, especially those concern- 
 ing the duty of water, but it would seem that the magnitude 
 of the proposed expenditures on the part of the Utah Con- 
 struction Company and the very great interests of the set- 
 tlers involved, should secure easy adjustment without serious 
 delay. 
 
 In the construction of the Mackay dam, which is the most 
 important thing in the rebuilding of the system, there are 
 three parties at interest: 
 
 The first and most important of these is the City of Mackay, 
 which desires to protect the lives and property of its citizens. 
 
 The second : the settlers. 
 
 The third : the construction company. 
 
 If the Mackay dam can be so rebuilt as to insure the first 
 parties at interest, then the rest of the problem ought to be 
 a matter of easy solution. 
 
 The Utah Construction Company appears willing to meet 
 any requirements, however rigid, that may be laid down by 
 the State Land Board, and the citizens of Mackay have ex-. 
 pressed themselves as willing for the resumption of this 
 work, provided that the plans and specifications that may be 
 submitted shall have the approval of a competent engineer of 
 their own selection. We accordingly recommend that these 
 plans should be prepared by the engineers of the construction 
 company after full agreement with the State Engineer, and 
 that they be submitted to a third engineer, whose selection 
 shall be acceptable to the citizens of Mackay and who shall 
 hold an advisory position and who shall serve only in an 
 advisory capacity. 
 
 The compensation of this engineer might be arranged by 
 having him serve temporarily as an assistant in the State 
 Engineer's department. By such an arrangement, or in some 
 
26 Report of Commission 
 
 other way, the citizens of Mackay should be relieved of the 
 burden of his compensation. 
 
 So far as the details of this construction are concerned, it 
 is not within the province of this Commission to make any 
 suggestions except to strongly urge the protection of the lives 
 and property of the citizens of Mackay. 
 
 Regarding the agreement or contract, which the Utah Con- 
 struction Company offers for water users when the system 
 is completed, we believe for the most part that this proposed 
 contract is fairly reasonable in most of its details. 
 
 There is, however, a rather serious objection on the part 
 of many of the holders of contracts under the former com- 
 pany, which is now defunct, particularly in the matter of the 
 duty of water. 
 
 The new contract proposes to reduce the amount of water 
 to be furnished to two acre-feet and many of the settlers con- 
 tend this is insufficient for the needs of the lands included 
 within this segregation. On the other hand, the construction 
 company contends that they consider this amount ample for 
 irrigation needs and are in doubt as to their ability to insure 
 a larger supply. 
 
 In addition, however, the construction company asks for 
 privilege or reservation of the right to supply other lands in 
 case this water supply should prove greater than their pres- 
 ent estimate. 
 
 It would appear to the Commission, if the company at any 
 time should be able to supply a larger amount of water than 
 proposed in the two acre-feet, that some provision should be 
 inserted in the contract whereby a part, at least, of this ad- 
 ditional water supply would be for use of the settlers con- 
 tracting only for the minimum amount. 
 
 In other words, if the contract could be so adjusted so as 
 to secure the full quota of two acre-feet and the settlers be 
 allowed the possible increase of this amount up to 2 l / 2 acre- 
 
Report of Commission 27 
 
 feet before additional lands are sold, we believe it would 
 meet with the approval of all those who would sign the pro- 
 posed contract. 
 
 Another point which the Commission would suggest is that 
 the point of diversion from which the settler shall have his 
 water measured should be by actual survey not less than a 
 half mile distant from the land sold to the individual by 
 the way of the nearest water course, as serious loss of water 
 is likely to occur in some of the gravelly soil of this tract if 
 measured at a greater distance from the land. This is par- 
 ticularly true of that part of the segregation known as the 
 Powell tract, where it is evident that the sub-surface is quite 
 gravelly and where the water losses will be much greater 
 than on other portions of the seggregation. 
 
 If it were possible to arrange for a separate contract on 
 the lands on this division, so as to allow the maximum water 
 mentioned, we believe that there would be little controversy 
 with the contract holders of the lands on the other two tracts, 
 known as Arco and Era. 
 
 We do not believe that the company should be allowed to 
 enter into a contract for the supply of water to lands exceed- 
 ing 60,000 acres until the construction company shall have 
 first demonstrated to the satisfaction of the State Board of 
 Land Commissioners their ability to supply the contracc 
 amount of water to such additional lands over and above the 
 amount of water called for by the contracts of the first 60,- 
 000 acres. The construction company should have the privi- 
 lege from time to time to sell such additional water rights 
 when they have demonstrated their ability to comply with the 
 contract provisions thereof. 
 
 We consider the proposals for payment on the part of the 
 contract holders and the other terms of these contracts quite 
 liberal, and certainly should not be opposed by the settlers. 
 
 We especially approve the proposed method to distribute 
 water by the rotation system. 
 
28 Report of Commission 
 
 We would further recommend that the period for furnish- 
 ing water for irrigating purposes be limited to the irriga- 
 tion or growing period of the year and that water for do- 
 mestic purposes only be furnished at other times. 
 
 We believe that in the settlement of these lands under the 
 proposed new contract every effort should be made to induce 
 the return of original settlers under this project and that the 
 utmost protection be furnished, insofar as it can legally be 
 done, to parties who endeavored to carry out in good faith 
 the terms of the original contract. 
 
 We realize that in the discouraging years they passed 
 through, a large majority of the original settlers have aban- 
 doned their lands and some have thereby endured serious 
 losses and the State should in every possible way endeavor 
 to correct those mistakes of the past and encourage the sign- 
 ing of the new contract. This may be done by giving the 
 preferential right of entry previous to any drawing that may 
 be made or the selection of other lands than those which were 
 previously embraced in the original filing. 
 
 We believe that the State should make plain its intention 
 to carry out in good faith the efforts which have been made 
 to settle this tract with a permanent class of citizens, and 
 this, we are confident, will be accomplished, as soon as confi- 
 dence in the project is restored through carrying out the above 
 plans. 
 
REPORT ON TWIN FALLS SALMON 
 RIVER PROJECT 
 
 In compliance with the powers and in pursuance of the 
 duties conferred on the Idaho Irrigation and Drainage Code 
 Commission by the provisions of Senate Bill No. 113 of the 
 1915 Session Laws of Idaho, we hereby transmit the report 
 of our findings with reference to the physical conditions of 
 the Twin Falls Salmon River project, more properly known 
 as the "Salmon River tract," located in Twin Falls county, 
 Idaho, together with such recommendations as the Commis- 
 sion believes should be adopted for the relief of settlers and 
 entrymen in this project. In order that it might familiarize 
 itself with actual conditions on the tract, the Commission 
 visited the same on the 7th day of last June. At that time 
 the dam and reservoir, which are located about eight miles 
 southwest of Rogerson, were inspected. Members of the 
 Commission made a trip over the canal and distributing sys- 
 tem, and a public meeting of the settlers was held in the town 
 of Hollister. The Commission also made a trip down the 
 canyon below the dam for the purpose of securing a general 
 idea as to the amount of water losses occurring from the dam 
 and the crevices in the walls of the reservoir. It is clearly ap- 
 parent that these losses are very heavy, a condition which 
 will be difficult to remedy. No data is available showing the 
 losses from the dam and from the crevices in the upper walls 
 in the reservoir, but there are several reports giving the av- 
 erage reservoir losses, which include evaporation and all 
 losses in the reservoir. 
 
 The builders of this project are to be congratulated upon 
 the substantial manner in which the system was constructed. 
 The canal system, with a few minor changes, seems adequate 
 and ample to convey all available water. The dam is a solid 
 
30 Report of Commission 
 
 concrete structure, built in a most substantial manner. So 
 far as adequacy and permanency of the structure are con- 
 cerned the designers and builders thereof are to be com- 
 mended for their efforts. The most serious problem, and the 
 one which has caused all the defects in this project, is due to 
 the shortage of water. The original promoters made mere 
 guesses of the available water supply, a most unbusinesslike 
 manner of determining the average annual run-iff of the Sal- 
 mon river and its tributaries. The expenditure of such large 
 sums of money as were contemplated on this project, should 
 have been preceded by a most thorough systematic investi- 
 gation of the available water supply. This lack of foresight 
 together with a lack of available engineering data of the con- 
 struction company, is responsible for the losses and suffer- 
 ing on this tract. The promoters and builders of this project 
 went into it for what they could make, and if by their own 
 lack of business discretion and care there is brought upon 
 them the chances of loss, they, and their successors, should 
 uncomplainingly bear the same. Had these promoters and 
 builders made a careful investigation of the available water 
 supplv, as it was their duty to do before entering upon such 
 a large undertaking, the present difficulties would not exist. 
 
 As an illustration of the manner and methods used by the 
 construction company in determining the annual run-iff, 
 attention is called to a report of one of the company's en- 
 gineers, prepared by John Hays in 1907. In that report Mr. 
 Hays estimates the annual run-off of the Salmon river and 
 its tributaries at 458,000 acre-feet. That figure is secured 
 by computing the drainage area and the precipitation on said 
 area, and deducting therefrom the losses due to absorption 
 by the soil ; a method at variance with the best engineering 
 authority. In 1908 James Stevenson, Jr., then State En- 
 gineer, made a somewhat similar estimate, and his conclu- 
 sion was that there was available an annual average run-off 
 of not less than 400,00 acre-feet. These were mere estimates, 
 based on no records of the State Engineer's office or on the 
 
Report of Commission 31 
 
 records of the United States Geological Survey. Since that 
 time the State, the construction company, and the United 
 United States Geological Survey, have co-operated in main- 
 taining a gauging station on the Salmon river, and accurate 
 data as to the actual run-iff have been secured. This data 
 covers a period of seven years. Former State Engineer Mr. 
 A. E. Robinson, has prepared a report based on the records 
 received from the United States Geological Survey as to the 
 annual run-off, and from data secured by him while in the 
 employ of the Settlers' Association as to the canal, distribu- 
 tion and reservoir losses, on the Salmon River project, which 
 report follows, and is made a part hereof : 
 
 Boise, Idaho, October 13, 1915. 
 To the Commission on Irrigation, 
 
 Thirteenth Legislative Assembly, Idaho. 
 Gentlemen : 
 
 At the request of the Salmon River Settlers' Association, 
 I beg to submit to you the following estimate of land sus- 
 ceptible of irrigation on the Salmon River project. 
 
 WATER SUPPLY. 
 
 The records of the U. S. Geological Survey cover seven 
 years' flow of the Salmon river, and by estimating the flow 
 for several short periods, during which the records are not 
 complete, we have the following : 
 
 1908 134,500 acre-feet 
 
 1910 136,200 acre-feet 
 
 1911 98,600 acre-feet 
 
 1912 160,000 acre-feet 
 
 1913 105,000 acre-feet 
 
 1914 132,400 acre-feet 
 
 1915 50,000 acre-feet 
 
 This gives as the average for seven years, 116,700 acre- 
 feet. 
 
 It may be contended that it is not fair to include the run- 
 off for 1915, which is exceptionally low. The same reason 
 would apply to 1912, which is above normal . It is a well- 
 
32 Report of Commission 
 
 known fact that the run-off of any stream varies greatly 
 from year to year, and that no two years are entirely simi- 
 lar; that there is no regularity in the occurrence of low and 
 high water years, and that to make an accurate estimate and 
 prediction as to future conduct, the records for as long a 
 term of years as can be had must be used. Seven year's rec- 
 ords are none too many at best, and certainly not enough to 
 justify the elimination of any year, no mater how high above 
 or far below normal it may seem to be. 
 
 In addition to Salmon river, the project receives the flow 
 of Cottonwood and China creeks, small streams whose flow is 
 not measured at the Salmon river gauging station. We have 
 no record of their run-off, but an analysis of the reservoir 
 losses indicates that the flow aggregates 3,500 acre-feet. 
 
 It does not appear at this time that the recent decree of the 
 United States district court of 12,000 acre-feet to the Vine- 
 yard Land and Stock Company will materially reduce the 
 flow in the Salmon below that measured in recent years. 
 Therefore the flow available above the reservoir will be: 
 
 Salmon river 116,700 acre-feet 
 
 Cottonwood and China creeks. . . 3,500 acre-feet 
 
 Total 120,200 acre-feet 
 
 The question of losses in the Salmon river is one that has 
 received its share in all discussions relating to the water sup- 
 ply for this project, and while these losses have been ex- 
 cessive in the past, the condition of the reservoir bottom 
 has improved greatly, and the losses diminished. An esti- 
 mate of future losses should take into consideration all the 
 conditions peculiar to the reservoir basin. The basin is con- 
 tained, for the most part, between nearly vertical walls . of 
 basalt ; in the other portions, in a steep-sided valley cut through 
 the same basalt. The basalt lies in horizontal beds, or flows, 
 having an average thickness of about 10 feet. These flows 
 are continuous, so that no serious vertical cracks are in evi- 
 dence immediately adjacent to the reservoir, although there 
 is one crack five feet wide about a mile below the dam. 
 At the surface of the rock, cracks due to desquamation 
 appear, but these do not penetrate into the body of the rock 
 for any great distance, and are not responsible for the loss 
 
Report of Commission 33 
 
 of water. The flows are, in general, separated from each 
 other by intercalated beds of clay and soil. The surfaces 
 of the flows are irregular, and the thicknesses of the clay 
 therefore vary from seams to a foot or more. The improve- 
 ment in the containing function of the reservoir has been 
 due to the scaling of such cavities by the action of the water 
 seeping through them. This would be expected in cases 
 where the soil completely, or almost completely, filled the 
 cavities between the layers of basalt. 
 
 There are cavities between the flows, and in the bodies of 
 the flows, only partially filled with clay. When the seepage 
 water from the reservoir should penetrate into such a cavity, 
 it would flow freely until the clay would become saturated, 
 when it would swell and seal the cavity against further di- 
 rect flow, although there would still be some water seeping 
 through. This swelling of the clay plugs would account for 
 the fact that the reservoir losses are greater while the water 
 is rising than when it is stationery or is falling. 
 
 There are, probably, also many openings in the rock that 
 contain no clay filler, and would not be expected to improve 
 with time except by the introduction of silt from other places. 
 The Salmon river flows through mountain canyons above 
 the reservoir, and having a steep gradient, has eroded from 
 its bed all, or nearly all, the fine material, and now flows 
 through heavy gravel. It therefore carries very little silt, 
 even in high stages. What silt is carried settles in the still 
 water in the upper reaches of the reservoir, and does not 
 reach the canyon in the vicinity of the dam. 
 
 The seepage loss in a reservoir is a function of both the 
 condition of its sides and bottom, and of its wetted area. 
 The wetted area in the Salmon reservoir bears a more con- 
 stant relation to its depth than to any other dimension; so I 
 have studied the question of losses as related to the depth 
 of water in the reservoir at the time such losses were occur- 
 ring. I can not see that an expression of the loss for the 
 different years in terms of the per centage of the river flow 
 would afford any reasonable basis for comparison, although 
 for final calculation it must be so expressed. A leaky bar- 
 rel could be kept full by having a stream of water flowing 
 into it, and wasting out. This stream could be increased 
 or decreased, but it could have no effect upon the amount of 
 
34 Report of Commission 
 
 water escaping through cracks in the sides of the barrel. For 
 this reason I have departed from the method which has been 
 used in this reservoir, and have determined its losses for the 
 different years it has been in operation until November 28, 
 1914, and have expressed such losses in terms o'f acre-feet 
 loss per week for different depths of water. These losses 
 when platted show : 
 
 A marked and constant improvement from 1911 to and 
 including 1913. 
 
 Less loss for the same elevation of water when the reser- 
 voir was being emptied than while filling. As the evapora- 
 tion would be the greatest while the reservoir was being emp- 
 tied, this shows a greater improvement than the weekly losses 
 would indicate. 
 
 An improvement in 1913 over 1912, but identical losses for 
 the same elevation, either when filling or emptying, in 1913 
 and 1914. This indicates that the maximum of improvement 
 was reached in 1913. 
 
 To determine losses in terms of per centage of the inflow, 
 I assumed an empty reservoir at the end of the irrigation sea- 
 son, and assumed the water to flow in, and to be drawn, at 
 the same rate as in 1914. By calculating the elevations, I 
 could apply the weekly losses, and the total of the weekly loss 
 was 24.7 per cent of the total inflow. 
 
 The quantity available at the reservoir gate would then be 
 75.3 per cent of 120,200 acre-feet/or 90,150 acre- feet. From 
 this is to be deducted the quantity required for domestic 
 use, or 3,000 acre-feet, leaving 87,150 acre-feet for irriga- 
 tion. 
 
 The question of canal losses is one a little more difficult to 
 estimate closely, for there is no way of knowing at this time 
 the land that will be served, nor the quantity to flow in each 
 lateral. Using the quantities in 1914, which should not lead 
 us into serious error, and applying to those quantities the 
 losses as found on various sections of the canal by measure- 
 ments made at various times, the losses are found to be 20 
 per cent of the amount delivered to the main canal. 
 
 A short distance below the dam is a natural basin used 
 as a check basin, covering 70 acres. In 1911 a serious cave 
 occurred in the bottom of this basin, occasioned by a portion 
 of the bottom dropping into a crack in the basaltic bedrock. 
 
Report of Commission 35 
 
 This crack was five feet wide and of unknown depth and 
 length. The area containing the cave was coffer dammed 
 from the balance of the basin, and no further trouble of 
 this nature has been experienced. There are, however, indi- 
 cations on the basin bottom of many seepage areas, and while 
 measurements of losses in the basin as a whole are not any 
 greater than in an ordinary canal having the same wetted sur- 
 face, the fact that the basin has as great a wetted area as 
 seven miles of main canal makes it advisable to construct a 
 canal around the basin. There is, however, some difference 
 of opinion as to who is to pay the cost of this new canal. Un- 
 til that new canal is constructed, it is necessary to take into 
 consideration the losses in the basin. These aggregate, in 
 120 days, 8,400 acre-feet. 
 
 Acre-feet 
 
 Available at reservoir gate 87,150 
 
 Canal losses, 20 per cent 17,430 
 
 Check basin loss 8,400 
 
 25,830 
 
 Available for delivery to farmers 61,320 
 
 This quantity divided by 2.75, the contract duty as deter- 
 mined by U. S. District Judge Dietrich, gives 22,300 acres. 
 To this might be added 10 per cent to represent the portion 
 occupied by roads, yards, etc., making the area 24,530 acres. 
 
 Under a strict interpretation of Judge Dietrich's decision, 
 this would be the area of land for which the company can be 
 said to have furnished a supply of 2.75 acre-feet per acre. 
 The total area that can be reclaimed will be slightly in ex- 
 cess of this. There are certain gains that can not be estimated 
 at present with any degree of certainty. These include re- 
 turn water from various laterals, chief of which is from the 
 "A" system. The land that could be irrigated from this 
 water would probably not exceed 1,000 acres. The total area, 
 therefore, that could be irrigated on this tract would not ex- 
 ceed 26,000 acres. 
 
 Respectfully submitted, 
 
 (Signed) A. E. ROBINSON, 
 
 Engineer. 
 
36 Report of Commission 
 
 From the best data and information available, including the 
 report of Mr. Robinson, the Commission is firmly of the 
 opinion that the acreage on the Salmon River project should 
 be materially reduced. 
 
 On June 29, 1915, a decision was rendered in the United 
 States district court of Idaho by the Hon. F. S. Dietrich, 
 wherein he held in the case of A. E. Caldwell, et al, v. The 
 Twin Falls Salmon River Land and Water Company, et al, 
 that the company and its successors, must, according to the 
 terms of its contract with the State and the settlers, deliver 
 to each and every settler and entryman, the full quantity of 
 water contracted for according to the terms of those con- 
 tracts. The said contracts call for the delivery of 2.75 acre- 
 feet per acre and estopped the said Twin Falls Salmon River 
 Land and Water Company, and its successors, from collect- 
 ing any additional money or moneys until it had substan- 
 tially complied with the provisions of the contract with ref- 
 erence to the delivering of the contract quantity of water. 
 The Commission, in reaching its conclusions, has taken into 
 consideration the findings of this court, which leave no al- 
 ternative to the construction company, and its successors, but 
 to deliver the contract quantity of water, if it expects to col- 
 lect the unpaid installments on the settlers' contracts. Ac- 
 cording to Mr. Robinson's report the total area of land that 
 can be irrigated is 25,530 acres. The Commission therefore 
 recommends that some means be taken by the State Land 
 Board, or by the construction company, and its successors, to 
 reduce the acreage of the project to an amount not exceeding 
 26,000 acres. The total number of acres for which the com- 
 pany is obligated to furnish water is 73,348.06 acres, and 
 numerous difficulties may arise in effecting a reduction to 
 26,000 acres. Perhaps the best and the most feasible plan 
 would be for the construction company, and its successors, to 
 get together with the settlers on the tract and thus seek to 
 make some amicable adjustment of the perplexing problems 
 
Report of Commission 37 
 
 that now keep the settlers and the construction company con- 
 tinually involved in legal turmoil. 
 
 Various methods of adjustment have been proposed, but 
 most of them do not appear practicable to the Commission. 
 It would seem that, when the interests of both parties are 
 considered, a solution of the difficulties would not be diffi- 
 cult. Any adjustment of this sort is dependent largely upon 
 the company, although the settlers and entrymen must show 
 their willingness to accede thereto. 
 
 In case the settlers and entrymen and the construction com- 
 pany, and its successors, could not get together and make 
 an amicable settlement, the Commission would recommend 
 that an arbitration board consisting of three members be se- 
 lected for the purpose of adjustment. Of these members one 
 is to be selected by the construction company and its suc- 
 cessors, one by the settlers' association, and the third to con- 
 sist of the State Engineer. Before any arbitration proceed- 
 ings are undertaken the points to be decided should be clearly 
 defined, since several of the issues previously suggested have 
 been removed by the recent decisions by Judge Dietrich. The 
 real questions at issue would, therefore, naturally revolve 
 around the reduction of acreage of the tract, the elimination 
 of the parts to be cut off, and the abandonment of the un- 
 necessary canals. 
 
 The water contract issued to the settlers on the Salmon 
 River tract has been construed by a court of competent juris- 
 diction. Evidence has been offered as to the amount of water 
 available for distribution in an ordinary year. The settler 
 has been determined to be entitled to receive two and three- 
 fourths acre-feet of water under the contract. It is a mat- 
 ter of computation, solely, as to how much land can be irri- 
 gated upon this project, taking the run-off as one factor, the 
 transmission and reservoir losses as another, and then giving 
 the settler two and three-fourths acre-feet. 
 
 The Land Board should pass an order requiring the Salmon 
 
38 Report of Commission 
 
 River Company to reduce the area in the segregation to the 
 acreage which can be irrigated as determined by the forego- 
 ing computation, which the Commission agrees should not 
 be in excess of 26,000 acres. 
 
 The order should further provide that, unless such segrega- 
 tion is so reduced on or before the first day of December, 
 1915, the Attorney General shall be instructed to bring an 
 action before the proper tribunal to cancel the contract be- 
 tween the State of Idaho and the Twin Falls Salmon River 
 Land and Water Company upon the ground that the com- 
 pany has failed to keep and perform the terms and conditions 
 of its contract; for the further reason that the continued fail- 
 ure of the company to keep and perform its contract will work 
 a great and irreparable damage upon all of the settlers upon 
 the project. There being insufficient water to supply those 
 who are upon the land included within the segregation in an 
 amount of water necessary to profitably grow crops thereon, 
 and the construction company being insolvent and the settler 
 having no remedy, and being unable to secure the water con- 
 tracted to be delivered, the action on the part of the State 
 here suggested becomes imperative. 
 
 In the event that this solution is brought about either by 
 arbitration or order of the Land Board, we respectfully urge 
 that our representatives in Congress be urged to labor for 
 such Federal legislation as will give the settlers on the land 
 lying beyond the segregated area, that is to say, those cut 
 out, patents to their respective entries. Such a general law 
 would bring relief to the settlers on all the several Carey Act 
 projects of the State wherein insufficient water occurs. The 
 settler and entryman who has spent the best years of his life 
 together with a lifetime's savings, is morally entitled and 
 should legally be entitled to patents to their farms, even 
 though they cannot get water for them. 
 
 From a personal investigation made by Mr. J. A. Waters 
 at the direction of the Commission, for the purpose of inves- 
 
Report of Commission 39 
 
 tigating the actual crop conditions, during and at the close 
 of the season, the result of nine inches of water instead of 
 two and three-fourths feet for irrigating in 1915 were noted. 
 The result was poor crops, many receiving one-half a bushel 
 of clover seed per acre, while on similar soil in the South 
 Side Twin Falls tract there were yields of from six to six- 
 teen bushels per acre. Wheat yielded 10 to 12 bushels, as 
 compared with 50 to 75, and other crops in relative propor- 
 tion. Pastures were entirely burnt up early in August, and 
 orchards suffering severely. With no water to raise crops, or 
 crops to sell to pay obligations, we find them upon this tract 
 without crops, without money, without credit, and property 
 which could not be security to get any relief. Many of them 
 are leaving to avoid destitution, and the condition that is 
 sure to follow if relief does not soon come. Without a re- 
 duction of the acreage, as suggested above, and the elimi- 
 nation of waste, which will be secured by a concentration 
 of the project, the Commission believes the entire system 
 will continue to be a failure, the bondholders will face a 
 practical total loss, the settlers will be ruined, and the State 
 will lose a valuable asset to its resources in citizenship and 
 taxable wealth. 
 
SUPPLEMENTAL REPORT ON THE TWIN 
 
 FALLS SALMON RIVER PROJECT 
 
 By ERNEST ANDERSON 
 
 Agreeing with the findings of the Idaho Irrigation and 
 Drainage Code Commission, and concurring in the recom- 
 mendations as made by you in its report on the Twin Falls 
 Salmon River Land and Water Company's project, I find it 
 necessary, however, to submit a further plan for the solu- 
 tion of the problems of the project, which, if followed, will, 
 in my opinion, prove to be a practical and satisfactory method 
 of adjusting the differences now existing between the bond- 
 holders and the entrymen. 
 
 As one of its suggestions for the solution of the problems 
 on the project, the Commission recommended that a board 
 of arbitration be selected to adjust the differences now ex- 
 isting between the bondholders, who are the present owners 
 and assignees of the system, and the entrymen. Such 3. 
 board of arbitration to consist of three members, one of whom 
 to be selected by the bondholders, one by the entrymen; the 
 third member to be the State Engineer. The recommenda- 
 tions hereby suggested ought to receive careful consideration 
 by such a board, if selected. 
 
 If such a plan be adopted, and it is urgently advised, the 
 sooner such a board is agreed upon, the sooner can solution 
 be looked for, and the acreage reduction accomplished, and 
 the better it will be for all concerned. 
 
 At present, the bondholders and entrymen are engaged in 
 a deadly legal battle, which, if carried to the highest court, will 
 probably mean years of delay and the consequent uncertainty 
 will stifle development of the project. Such a condition, 
 neither the bondholder nor the entryman can long tolerate 
 
Report of Commission 41 
 
 without irretrievable losses to each, and which in the end will 
 leave them both in an impoverished condition. 
 
 On the 29th day of June, 1915, Judge Dietrich of the 
 United States district court, in the case of A. E. Caldwell, et 
 al, vs. Twin Falls Salmon River Land and Water Company, 
 et al, rendered a decision in which he held, in substance, that 
 the defendants should be estopped from collecting further 
 installments on the plaintiff's (settlers) contracts until they 
 would deliver, or demonstrate themselves able to deliver, the 
 contract quantity of water, which is 2.75 acre-feet per acre. 
 
 This case has been appealed, or is about to be appealed, to 
 the circuit court of appeals, and the bondholders, as well as 
 the entrymen, are each, apparently, staking their all on the 
 final outcome of this action. The decision of the appellate 
 court, no matter what it be, will mean a further appeal to 
 the supreme court of the United States, all of which means 
 delay,and which will prove most costly to the litigants, and 
 that without accomplishing anything substantial for the re- 
 lief of either party. 
 
 After a careful investigation, based upon all available 
 data, the Commission concluded that the greatest acreage for 
 which water could be supplied at a duty of 2.75 acre-feet, 
 which is the amount called for by the entryman's contract, 
 and is the amount that the Federal court, in the case, supra, 
 held that the company must deliver, would be approxi- 
 mately 26,000 acres. The Commission contend, and right- 
 fully so, that at a duty of 2,75 acre-feet there would be suf- 
 ficient water to irrigate 26,000 acres, but no more. 
 
 The present acreage for which water rights have been sold 
 is about 73,000 acres. If this acreage were reduced to 26,- 
 000 acres, it might subject the bondholders to such excessive 
 losses in buying up the excess water rights, that is, to re- 
 fund to the entrymen the amounts paid on the contracts, 
 which would be excluded if the project was thus reduced, 
 and in addition, it might subject the bondholders to such 
 
42 Report of Commission 
 
 excessive claims for damages that they would be unable to 
 retain any of the installments accruing from the water 
 rights on the 26,000 acres, all owing to excessive refund and 
 damage claims. 
 
 I would, therefore, respectfully suggest that the following 
 plan of solving the difficulties on the project receive your 
 careful consideration, and that you take such action as will 
 seem most expedient in bringing the same to the attention 
 of the bondholders and entrymen. 
 
 First : That the project be reduced to 39,000 acres, on the 
 condition that the subsequent suggestions are followed : 
 
 Second : As a condition to a reduction to 39,000 acres, the 
 settlers anjd entrymen agree to such a modification of their 
 contract as to accept one-third less amount of water per acre, 
 which, in substance would mean a reduction from 2.75 to 1.63 
 acre-feet. 
 
 Third : That water rights be proportionately reduced in 
 price. 
 
 If these suggestions are adopted, it would leave the area of 
 the project 13,000 acres greater than proposed in the Com- 
 mission's report, which in turn ought to mean a proportionate 
 reduction in the maintenance cost per acre per annum, when 
 the system shall be finally turned over to the entrymen for 
 operation; it being an acknowledged rule that the larger the 
 area, the less the per acre maintenance cost should be. 
 
 And further, if the suggestions hereby made be adopted, 
 it would encourage and make water do its highest duty, and 
 that, at no greater cost to the entrymen. Some of the settlers 
 would succeed in making 1.63 acre-feet be ample for their 
 needs, and they would be able to irrigate their entire entry. 
 On the other hand, he who could not irrigate more than two- 
 thirds of his entry would have no cause for complaint, in that 
 in reality he would be paying for only two-thirds of a water 
 right of 2.75 acre-feet for this entry. As a matter of fact, the 
 
Report of Commission 43 
 
 entry man, under a reconstructed contract as proposed, would 
 be getting just what Judge Dietrich held him entitled to 
 under the present contract, and would simply require him 
 to raise the duty of water at a proportionate reduction in 
 price of his water right. 
 
 Such a plan, if adopted, would be pre-eminently fair to 
 both bondholder and entryman. The bondholder would thus 
 get a greater return on his original investment, and the en- 
 tryman would relinquish no rights and suffer no loss. The 
 mutual working out of the suggestions above made would, 
 in my opinion, prove beneficial to all concerned and would 
 largely solve the problems of the Salmon River project. 
 
 Respectfully submitted, 
 
 ERNEST ANDERSON. 
 
REPORT ON THE KING HILL AND 
 KING HILL EXTENSION PROJECT 
 
 Four members of the Idaho Irrigation Code Commission, 
 Messrs. Anderson, Waters, Elliott, and Carter, made a thor- 
 ough examination of all of the aspects of the King Hill and 
 King Hill Extension projects. This examination included a 
 walk over five miles of the flume and ditch line which has 
 caused the greatest amount of trouble, a drive over the 
 greater part of the canal system, an exhaustive trip over the 
 land, numerous interviews with the settlers, and a public 
 meeting with the water users. Since the inspection the Com- 
 mission has held several conferences and through correspond- 
 ence has gained additional information. 
 
 The term "project" as used herein includes both the King 
 Hill and King Hill Extension. 
 
 The Commission began its inspection where the flume 
 crosses the Snake river out of the Malad river. They walked 
 across this flume and saw the canal for a distance of five 
 miles, giving careful attention to the defects in the canal 
 system. One of the most striking features is the fact that 
 the location of the ditch necessitated by the grade makes it 
 extremely difficult to construct an effective and satisfactory 
 canal system without a large expenditure of money. For a 
 long distance the canal runs along steep hillsides, which 
 causes frequent breaks. A proper reconstruction of the system 
 would no doubt require a large amount of concrete work. 
 There are many miles of flume set along steep hillsides, which 
 is not only now causing much trouble, but within two or three 
 years will be practically worthless. 
 
 The trip over the system was made in company with Mr. 
 B. P. Shawhan, manager of the project. The Commission 
 
Report of Commission 45 
 
 was especially impressed with the unusually fertile quality of 
 the soil and the splendid climatic conditions for the growth 
 of fruit, grains and vegetables. It is apparent that this sec- 
 tion is admirably adapted to the growth of early fruits and 
 vegetables which can be put upon the market from one to 
 three weeks earlier than any other part of southern Idaho, 
 and thus compete with subtropical sections. This section also 
 has the further advantage of being close to the markets thai: 
 demand large quantities of such early products. 
 
 The greater number of the settlers have already aban- 
 doned the project, awaiting the time when the conditions 
 would be more stable and when they would have practical 
 assurance that water would be furnished to them. It is ap- 
 parent that if the breaks in the canal system continue, which 
 they will surely do, so long as numerous and expensive im- 
 provements are not made, the settlers cannot feel safe in 
 planting crops. 
 
 It was apparent that the few remaining settlers are ex- 
 tremely discouraged. They have lessened their efforts and 
 are making little or no improvements upon their tracts. The 
 whole project is not only not advancing, but the canal sys- 
 tem is going down and will become a total wreck within a 
 few years if steps are not taken at once to complete it. The 
 Commission is unanimous in the opinion that something 
 should be done to rebuild the project at once and respectfully 
 submits these five plans for your consideration : 
 
 i. FEDERAL AID. 
 
 The settlers are unanimous in the opinion that the greatest 
 good would come to them through Federal control of the 
 project. In this connection the Commission would propose 
 that the State deed its equity in the project, without compen- 
 sation, to the United States Government, provided the Gov- 
 ernment would build a satisfactory system and apportion the 
 cost among the settlers, as is now being done in other Gov- 
 ernment projects, allowing long time in which to pay the cost 
 
46 Report of Commission 
 
 of construction and allowing credit to settlers for payments 
 heretofore made. The Commission believes that this plan 
 presents the best solution of the problem, provided the United 
 States Government could be induced to take it up. But con- 
 siderable correspondence has passed between Mr. Shawhan 
 and the United States Reclamation Office indicating that the 
 Government does not look kindly upon the proposition and 
 would probably reject the plan. Instead thereof the Secre- 
 tary of the Interior has made a tentative proposition of 
 joint State and Federal aid and this would be the second 
 alternative plan that the Commission would recommend. 
 
 II. JOINT STATS AND FEDERAL AID. 
 
 This plan would divide the burden equally between the 
 State and Federal Governments. It would involve the ex- 
 penditure of a large sum of money, and while the Commis- 
 sion is strongly opposed to establishing a precedent of State 
 aid to lame irrigation projects, yet, in view of the fact that 
 the State has already taken over the project, and has thereby 
 held out hopes to the settlers that it would see that it was 
 completed, and because of the great benefit accruing to the 
 State by proper colonization of the section, we would re- 
 spectfully represent that in case Federal aid cannot be se- 
 cured otherwise, the State work in conjunction with the Fed- 
 eral Government. 
 
 III. COMPLETION OF THE PROJECT BY PRIVATE PARTY 
 OR CORPORATION. 
 
 If some person, or a corporation, could be induced to take 
 over the project and complete the same under the proper 
 terms, the Commission would recommend that the State deed 
 whatever equity it has in the project to such company and 
 complete it along lines similar to those proposed in other 
 projects. 
 
 If such a plan should be adopted, the Commission would 
 suggest that the present settlers be allowed credit for all pre- 
 
Report of Commission 47 
 
 viotis payments; that they be given a long time for the pay- 
 ment of their obligations, and that they be not compelled to 
 make any more payments until the water is on the land. 
 
 We would also suggest that the settlers be not required to 
 pay any part of the principal for the first five years and be 
 allowed at least fifteen years in which to complete their pay- 
 ments. 
 
 IV. FORMATION OF IRRIGATION DISTRICT. 
 
 In case neither of the above plans can be carried out the 
 Commission would respectfully recommend that the State 
 take steps to secure patent to all the lands within the segre- 
 gation and deed all of its equity in the project to the settlers 
 and allow them to form themselves into an irrigation dis- 
 trict and bond for the purpose of the completion of the work. 
 While the settlers strenuously object to this plan, we believe 
 that no valid reason can be found why they should not be 
 willing to accept it, provided the bonds could be sold at or 
 near their par value. The chief reason given was that they 
 would be compelled to pay interest upon their bonds, an ob- 
 jection which the Commission does not deem valid. Such a 
 plan would develop a spirit of co-operation and self-help, 
 and foster a spirit of independence. 
 
 V. STATK AID. 
 
 In case neither of the previous named plans can be suc- 
 cessfully worked out and no other feasible plan can be 
 evolved, as a last and final proposition, the Commission would 
 recommend that the State of Idaho take up the project and 
 expend sufficient money to complete the system and turn it 
 over to the settlers at the actual cost of construction and 
 previous expenditures with interest. 
 
 The cost of completion of the project was estimated by 
 former State Engineer King at $400,000.00. A cruise by 
 the land owners three years ago showed 11,250 acres on the 
 upper system; there is between eight and nine hundred acres 
 
48 Report of Commission 
 
 on the King Hill side and about 5,000 acres on the Extension, 
 making a total of about 17,000 acres under the project. The 
 Commission believes this land with water upon it is worth 
 not less than $60.00 an acre. If the whole project were set- 
 tled upon this basis it would bring a return of $1,020,000.00. 
 The State had expended January 1, 1915, the sum of 
 $55,000.00 in the project and until this date during the year 
 1915 the net sum of $12,004.60, or a total of $67,004.60. 
 
 The settlers have paid up about $225,000.00 on their con- 
 tracts. Adding to this the $67,004.60 spent by the State, 
 we get a total of $292,000.00. Deducting this sum from 
 $1,020,000.00, the probable returns on a basis of $60.00 an 
 acre, would leave a balance of about $728,000.00. So if 
 State Engineer King's estimate should be found to be ap- 
 proximately correct there would be a safe margin remaining. 
 
 The Commission wish to be expressly understood as be- 
 ing unalterably opposed to the principle of State aid, but in 
 view of the facts stated in plan No. 2 we would favor this 
 as a last resort. 
 
 The present settlers have acted in gotod faith, but are nat- 
 urally very much discouraged. The Commission believes, 
 however, that they have expected too much from the State 
 and have not considered the difficulties lying in the way of 
 State aid. They have objected to the maintenance fee of 
 sixty cents an acre, which the Commission believes 
 too small and would recommend tliat this maintenance fee be 
 raised to at least one dollar per acre. 
 
 In conclusion the Commission wishes to reiterate its faith 
 in the King Hill district and is strong in the desire that some 
 feasible plan may be found of bringing it to a successful con- 
 clusion. The State cannot afford to allow this fertile and 
 partially developed area to revert to the wilderness, and it 
 would be guilty of a political and economic crime should it 
 neglect to continue its efforts to bring the project to com- 
 pletion in some way. 
 
REPORT ON THE IDAHO IRRIGATION 
 COMPANY'S PROJECT 
 
 The Commission delegated the task of investigating the 
 Idaho Irrigation project to Mr. J. A. Waters of Twin Falls, 
 whose knowledge of the project and acquaintance with the 
 settlers made him especially able to do this. He attended a 
 meeting of the directors of the Water Users' Association 
 on the 25th of September and afterward made a personal 
 inspection of the entire system, visiting the dam, conversing 
 with settlers at their homes, holding meetings and confer- 
 ring with the agents of the irrigation company. 
 
 The following report is hereby made from the data se- 
 cured on this occasion. 
 
 The Idaho Irrigation project Avas designed to irrigate a 
 tract of 150,153 acres located in Elaine, Lincoln and Good- 
 ing counties, Idaho, and in order to accomplish that purpose 
 it was proposed to utilize the flow of the Big and Little 
 Wood rivers, and to supplement that flow by the construc- 
 tion of the Magic reservoir, in Elaine county, Idaho. This 
 reservoir has a claimed capacity of 190,000 acre-feet, but 
 during the past six years there have been at least two years 
 when the reservoir did not fill. It is fair to assume, how- 
 ever, that the reservoir is not large enough to take care of 
 all the flood waters, and that an increase in the height of the 
 dam would probably prove a safeguard to insure a larger 
 supply, as the raising of the water over an area of 3398 acres, 
 the surface area of the reservoir, would be of great value and 
 thereby increase the storage capacity. 
 
 We would recommend that the dam be raised so as to se- 
 cure the desired larger reservoir capacity, and thus, if pos- 
 sible, store the entire flood waters of the stream. 
 
50 Report of Commission 
 
 In the segregation of the Idaho Irrigation Company there 
 are 130,000 acres of Carey Act land depending upon the water 
 supply of the Big and Little Wood rivers, together with 5153 
 acres of school and State land, and 15,000 acres of private 
 land, making a grand total of 150,153 acres. 
 
 From all the reports available it appears that the mean av- 
 erage flow of the Big Wood river during the irrigation sea- 
 son is 40,000 acre- feet; of the Little Wood river, measured 
 at Richfield, 40,200 acre-feet; or a total including storage, of 
 270,200 acre- feet available for watering the entire tract of 
 the Idaho Irrigation Company. 
 
 On this project the larger portion of the soil is of the vol- 
 canic ash, which is ideal for irrigation, but we find that scat- 
 tered throughout the tract are many places of a very sandy 
 character, requiring much more water, and there are consid- 
 erable areas underlaid with loose lava rocks, through which 
 the water escapes, making it very difficult to obtain the full 
 duty of the water. 
 
 The contract of the Idaho Irrigation Company with the 
 settlers, as well as the contract of the said company with 
 the State, provides for the delivery of 1-80 of one cubic foot 
 per second of time per acre, or a continuous flow of 5-8 of 
 a miner's inch, or 50 miners' inches for each 80-acre tract; 
 this, when computed, amounts to 4.5 acre-feet for the 180 
 Hay irrigation season, and while on much of the land it is 
 probable that the application of 2.5 acre-feet would be suf- 
 ficient to produce crops, most of the land requires the appli- 
 cation of more, and the sandiest portion of the segregation 
 requires the entire contract amount. 
 
 We are informed that the manager of the project, Mr. M. 
 R. Kays, admits that there is a 40 per cent loss of water in 
 distribution, storage and transmission, leaving but 60 per 
 cent of available water to be applied to the land for irriga- 
 tion. These conclusions would seem to be well founded, 
 taking into consideration the fact that there are 100 miles of 
 
Report of Commission 51 
 
 main canals, 300 miles of laterals, and that the distribution 
 from the dam to the southern-most point of delivery is 40 
 miles, and that the water traverses this distance in open ca- 
 nals, built in a soil most of which is of a sandy or rocky 
 nature and which would naturally make seepage and evap- 
 oration losses very heavy. Thus, it will be seen that the maxi- 
 mum amount of run-off and storage water available for the 
 irrigation of the tract, as above mentioned and specified, is 
 approximately 162,100 acre-feet, from which it is apparent 
 that the company has a water supply, figured on a basis of 
 5-8 inches, or 4.5 acre-feet, sufficient to furnish water in 
 contract quantities for probably 36,022 acres. 
 
 If, on the other hand, an allowance of three acre-feet is 
 made, with no deduction for transmission, storage loss, or 
 distribution loss, a condition that hardly seems probable, an 
 area of approximately 90,000 acres could be irrigated. 
 
 The Commission was informed by officials of the Idaho Ir- 
 rigation Company that it had already disposed of 90,000 
 acres of land and is actively engaged in pushing further sales. 
 
 Since the company is obligated to irrigate 20,153 acres of 
 State and private lands, the total obligation at present would 
 be 110,153 acres, which is plainly in excess of the acreage 
 for which the company can supply water with any degree o 
 sufficiency in normal years. 
 
 We were informed by the manager of the company that 
 during the year of 1915 the reservoir was filled only to 40 
 per cent of its capacity, or about 76,000 acre-feet, and that 
 the run-off for the year 1915 was but 30 per cent of normal. 
 Thus, if the information given us was correct, it appears 
 that the amount of total water available for 1915 was 100,060 
 acre-feet; a sufficient amount to irrigate 33,353 acres, when 
 allowing three acre-feet to the acre ; the minimum with which 
 the land on the tract could be successfully irrigated. 
 
 The Commission was informed that during the year 1915 
 
52 Report of Commission 
 
 there were upon the segregation 40,000 acres in cultivation 
 and actual conditions during this year have demonstrated 
 that the 76,000 acre-feet so stored, supplemented by the flow 
 of the Big and Little Wood rivers, was not sufficient to prop- 
 erly irrigate the 40,000 acres, but that on the other hand, there 
 was a serious shortage of water during the season of 1915. 
 No water was available for the third crop of alfalfa; that, 
 in many instances, there was not sufficient water for the 
 second crop of alfalfa, resulting in a short crop. In our opin- 
 ion the water furnished for the 40,000 acres did not exceed 
 85 per cent of the water that could have been beneficially 
 applied to the irrigation of said tract. 
 
 From present data and general observation made from an 
 examination which consumed the better part of a week, and 
 after talking with many farmers and company officials, we 
 conclude that the total amount of land for which, under any 
 theory, the company has a sufficient supply of water, will 
 be not to exceed 90,000 acres, and probably much less. 
 
 The Commission made an examination of the ditches and 
 main laterals of the Idaho Irrigation Company, and it ap- 
 pears that these are only sufficient to carry water for the land 
 now under cultivation, and in many instances they are too 
 small to furnish water for the settlers on the extreme end of 
 the laterals. In order to successfully irrigate the entire tract, 
 should more land be put into cultivation, it will be necessary 
 to materially enlarge the carrying capacity of many of the 
 ditches and laterals. 
 
 It has been generally understood over the State that the 
 Idaho Irrigation Company's project was one of the more suc- 
 cessful. It is our opinion that when this project was initi- 
 ated the system was put in shape to deliver water at a time 
 when the boom in irrigated land subsided, and that the com- 
 pany was, therefore, unable to sell any great quantity of 
 water rights; that the works would have been in normal 
 years about sufficient to actually irrigate in a fairly good 
 
Report of Commission 53 
 
 shape about 40,000 acres of land, but that the system as it 
 stands today is grossly inadequate to water the entire pro- 
 ject. The ditches and laterals have a carrying capacity, as 
 demonstrated by practical experience, of 60 to 70 per cent of 
 the required capacity, and the water supply is probably ade- 
 quate for not to exceed 55 to 60 per cent of the land pro- 
 posed to be irrigated. 
 
 All data used in the foregoing portion of this report has 
 been furnished by the company, excepting such as is stated 
 to have been gathered from the settlers and State Engineer's 
 office. 
 
 It is clear to the Commission, from a study of all the state- 
 ments and from a personal investigation of many other mat- 
 ters, that certain specific remedies should be applied, and 
 that quickly, or else much suffering and loss will fall pon 
 settlers on this project. To that end we would respectfully 
 make the following recommendations : 
 
 First. Steps should immediately be taken by the State 
 Land Board to prevent the sale of. any more land by the 
 Idaho Irrigation Company, at least until a further investiga- 
 tion of the storage capacity of the Magic dam, the adequacy 
 of the carrying capacity of the main canal and laterals, and 
 the total available water supply can be made by the State En- 
 gineer. 
 
 Second. Certain improvements should be made in the pres- 
 ent system to give adequate service to those settlers now on 
 the tract, the lack of which was the cause of more or less com- 
 plaint. These include a possible increase in storage capacity, 
 enlargement of carrying capacity of some laterals, improved 
 methods of measurement .of water delivered to individual 
 settlers, installation of proper checks where makeshifts are 
 now in use and the building . of banks on some portion of 
 the highline canal. All of these matters would, of course, be 
 looked into by the State Engineer in making his investigation 
 as before suggested, and would be reported upon in more de- 
 tail than can be embodied in this brief report. 
 
54 Report of Commission 
 
 Upon examining the Carey Act land reports, we find that 
 the irrigation company claims a water supply sufficient for 
 130,000 acres of Carey Act land, 5153 acres of State land, 
 and 15,000 acres of private land, making a total of 150,153 
 acres. As to the area of water shed from which comes the 
 water for the reservoir there is no estimate in the State En- 
 gineer's office, and the only one available is one prepared by 
 the Idaho Irrigation Company. 
 
 From an examination of the reports of the Weather Bu- 
 reau, we find on the east and west slopes of the water shed an 
 average of 20.38 inches precipitation per year, while the 
 company's estimate of the precipitation is 24 inches per an- 
 num. If we would lay aside all the figures pertaining to the 
 estimates of the water shed, amounts of water in the dam, 
 and the amount of water available, and look simply to this 
 year's results of 40,000 acres under cultivation without suffi- 
 cient amount of water to irrigate that area, we are led to 
 inquire what would become of the system should they finally 
 get 150,000 acres under cultivation and an abnormal year, 
 with a shortage as has occurred this year. 
 
 Third. We would further recommend that the settlers be 
 required to provide means for the supply of water on their 
 individual farms, for stock and domestic purposes, and that 
 the practice of delivering water through the canals and lat- 
 erals during the non-irrigating season be discontinued. It has 
 been amply demonstrated on other projects that this practice 
 is unwise. The waste of water is far beyond that beneficially 
 used, lands are more likely to become water logged through 
 the increased pressure that occurs when the ditches are 
 frozen over, muskrats do great damage, and injury to the 
 banks and headgates, fields and roads is excessive whenever 
 leaks or breaks occur during the winter season. 
 
 If these recommendatinos are acted upon by the Land 
 Board and concurred in by the settlers and the company, we 
 believe that considerable immediate relief will be secured for 
 
Report of Commission 55 
 
 those interested in the project and the serious results noted 
 on certain other systems will be avoided. Even though these 
 suggestions for increasing and conserving the water supply 
 are all carried out, we question the ability of the company 
 to take care of the lands already sold and those belonging 
 to the State and in private ownership, which amount practic- 
 ally to a total of 110,153 acres, and we can see no reason 
 which would justify the Land Board in permitting the fur- 
 ther disposition by the company of any additional part of 
 the segregation. A conservative course at this time will re- 
 move cause for criticism, prevent loss to investors, and in- 
 jury and suffering to the settlers living on the project. 
 
REPORT ON THE TWIN FALLS OAKLEY 
 
 LAND AND WATER COMPANY'S 
 
 PROJECT 
 
 The Idaho Irrigation and Drainage Code Commission here- 
 with submits its report on its findings relative to the Twin 
 Falls Oakley Carey Act project, located in Cassia county, 
 adjacent to the town of Oakley. 
 
 The Commission visited this tract on the 7th and 8th days 
 of June, 1915. It traversed by auto the entire project, visit- 
 ing the dam and examining, the canal system. It also con- 
 ferred with the managers of the project, and held a meeting 
 with the water users' association on the afternoon of June 
 8th, which was largely attended by the settlers and others 
 interested on the tract. On account of the peculiar crop con- 
 ditions existing at the time, the Commission deferred the 
 report upon the project until there should be opportunity to 
 determine the full result of the growing season, and in or- 
 der to secure exact information it detailed one of its members, 
 the Hon. J. A. Waters of Twin Falls, to visit the tract later 
 in the season at different times and to make a statement re- 
 garding his findings. 
 
 At a more recent date, the Commission also invited the 
 superintendent in charge of the project, Mr. D. C. MacWat- 
 ters, to appear before them and state his views on the situ- 
 ation. It is not unreasonable to say, therefore, that this 
 Commission has given the Oakley project the fullest investi- 
 gation possible within the time allowed the Commission for 
 such work, and the report which herewith follows is made 
 only after the most careful consideration of all the facts in 
 the case. 
 
 The Twin Falls Oakley project originally contemplated 
 
Report of Commission 57 
 
 the irrigation of 55,472.19 acres. Of this amount there were 
 approximately State lands aggregating 1,920 acres, and pri- 
 vate lands amounting to 9,8*58.63 acres. These private lands 
 were already to a large extent in cultivation, and irrigated 
 by prior water rights from the flow of the streams contem- 
 plated to be used in watering the Carey Act project. In pro- 
 moting this larger scheme, these old water rights were taken 
 into the system on an agreed basis and continue to be included 
 therein. 
 
 Of the total amount of Carey Act lands subject to sale, 
 however, not all have been disposed of, but there have been 
 sold, according to the last report, approximately 28,648.63 
 acres, making a total of 38,506 acres for which the operating 
 company is obliged under contract to supply water. Of the 
 amount of land contracted for by Carey Act settlers, the su- 
 perintendent of the company has stated that practically 10,000 
 acres are at the present time, through failure to maintain 
 payments or for other causes, subject to cancellation. The 
 total cost of the project as originally estimated was $1,750, 
 000, but there has been expended at the present time over 
 $2 ; 000,000. The cost of water rights upon this project was 
 very high, the Carey Act lands being sold at $65 per acre, 
 State lands at $55, and there was an agreement with the old 
 settlers holding prior rights which were merged into the pro- 
 ject that they should be allowed to make contracts at $40 
 per acre for some 3,500 acres out of the total of 9,858.63 
 acres of private lands. The balance of these private lands re- 
 ceived a paid up water right in lieu of the exchange agreed 
 upon. 
 
 The system as projected is an excellent one, and the con- 
 struction is open to little criticism. There is no doubt in the 
 minds of the Commission of the ability of the reservoir to 
 receive and hold water to the estimated capacity. The canal 
 system is not at this time entirely completed, but is practically 
 so, and such improvements as have been suggested by the 
 
58 Report of Commission 
 
 State Engineer are being made by the Company, and the en- 
 tire distributing system is in as good and practical condi- 
 tion as could be expected for so recently constructed a project. 
 
 The main criticism that could be made is that the estimates 
 for available water supply appear to have been made with- 
 out reliable information upon the subject, and all the diffi- 
 culties through which the project has labored are traceable to 
 a shortage in the water supply. This Commission found that 
 the administration of the project by the agents of the com- 
 pany has been fairly satisfactory, and there did not appear to 
 be the amount of friction which usually is to be observed in 
 such cases. 
 
 The duty of water on this project is the highest required 
 upon any Carey Act segregation within the State, the con- 
 tract being made between the company and the State, and 
 later with the settlers, for one and one-half acre-foot supply. 
 Under the contract agreement between the construction com- 
 pany and the Oakley Canal Company, Limited, which was to 
 take over the control of the system, but which was to be 
 operated by the constructing company until a certain per cent- 
 age of the contract agreement had been paid, there was a res- 
 ervation by which this amount of water could even be re- 
 duced and pro-rated between the settlers, should there by rea- 
 son of drouth or any other unforeseen cause occur a shortage 
 in the supply. Such a contingency arose much earlier in 
 the history of the project than was expected, as the year 
 1915 found the entire State affected by a very severe drouth 
 and consequent shortage in the supply of water for irrigation 
 purposes. 
 
 On this account, early in the season the operating com- 
 pany notified the settlers that the amount of water available 
 would not exceed one acre-foot, and they were advised of the 
 seriousness of the situation. It is to be regretted that many 
 of the settlers were not aware of the provision in the contract 
 permitting of the pro-rating of the water, as some of them 
 
Report of Commission 59 
 
 were apparently under the impression that they could obtain 
 the full contract amount for their acreage, which could be 
 used as they might require, and were also under the impres- 
 sion when the company notified them of a reduction to one 
 acre-foot, that they would receive the total amount as evi- 
 denced by their shares of stock, and could apply the same 
 to a smaller amount of land. In other words, some of the 
 settlers having a water right for 80 acres decided to re- 
 Iduce this acreage to 40 or 60 acres and believed that they 
 could apply the total amount of 80 acre-feet to the smaller 
 area. In this they were disappointed, as the company limited 
 the amount of water to the actual acreage in crop. It should 
 be noted also that within this project are many old ranches 
 with fully matured orchards and fields which had been in 
 cultivation a long time. These old ranches, occupied as they 
 were by settlers who had operated them under the free and 
 easy system of their prior water rights, appeared to suffer 
 more severely from the ensuing drouth. 
 
 In June, when the Commission made its visit, it was ap- 
 parent that there was going to be a severe shortage in the 
 crop production, which later investigation proved to be the 
 case. While here and there farmers who understood the situ- 
 ation or were more fortunately situated, were successful in 
 securing good results, the total production of grains, sugar 
 beets, alfalfa and other produce was severely curtailed, and 
 it is quite probable that permanent injury to growing or- 
 chards and shade trees, and also to hay fields will result. 
 While serious loss to the settlers has thus been occasioned, 
 there is not the same amount of distress and destitution 
 which this Commission has observed on certain other pro- 
 jects within the State. 
 
 It is a matter of doubt whether such a high duty of water 
 should have been accepted by the State Land Board in the 
 original plans for the project. While one and one-half acre- 
 foot may be ample under certain conditions for the successful 
 
60 Report of Commission 
 
 production of crops, and while under a proper administration 
 of such an amount of water it could be made to go much 
 farther than when applied in the usual manner, the supply is 
 certainly scarcely more than adequate under general condi- 
 tions. 
 
 The soils of the Goose Creek Valley are heavier and deeper 
 than ordinary, and the lay of the land is most attractive. 
 The natural amount of moisture available through precipita- 
 tion is very much greater than in many other of the semi : 
 arid portions of the State. The records of the Weather 
 Bureau show that it is annually increasing, due to the close 
 proximinity to other irrigation projects, notably the North 
 and South Side Twin Falls and Minidoka projects, which 
 have changed deserts to cultivated areas. For this reason 
 it has been contended that the Oakley project could get along 
 with a high duty of water and that the conditions would im- 
 prove as time went on. While it may be hoped that this will 
 be the case, it is not a justification for the limited use -of 
 water permitted under the terms of this contract. 
 
 Much sympathy should be shown to the old settlers who 
 surrendered their prior rights in the hope of the development 
 of a large area of land surrounding them, as the result has 
 shown that their hopes have not been realized and that their 
 own ranches have suffered severely from the shortage of the 
 supply. 
 
 The available water for this project was designed to come 
 from Goose and Trapper creeks, with a further limited in- 
 flow from Birch and Big Cottonwood creeks. Some smaller 
 sources of supply were also included, but never figured in 
 the total to any great extent. It is to be regretted that the 
 original company promoting this project did not make a more 
 accurate investigation of the sources and total amount avail- 
 able. At the time that the scheme was projected there was very 
 little data available as to this water supply, and it was evidently 
 largely over-estimated. Measurements taken by agents of 
 
Report of Commission 61 
 
 the company and promoters of the project, covering a lim- 
 ited period of time, were used as the basis for their esti- 
 mates, and it was not until the United States Geological Sur- 
 vey made investigations on its own account that any reliable 
 data could be secured. 
 
 In order to get at the facts regarding the available supply 
 this Commission employed Mr. A. E. Robinson, a former 
 State Engineer, to tabulate all the records relating to the 
 water supply on this project and to make a report as to the 
 .possible amount that could be expected for the 'irrigation of 
 this project. The Commission also instructed Mr. Robinson 
 to estimate from this information the amount of land which 
 it could be expected might be taken care of by any reasonable 
 calculation regarding the supply. This report of Mr. Rob- 
 inson, together with his conclusions, are herewith inserted 
 and made a part of this report. 
 
 Boise, Idaho, October 16, 1915. 
 Idaho Irrigation and Drainage Code Commission. 
 
 Gentlemen: In submitting to you the following estimate 
 of water supply for the Twin Falls-Oakley project, it is proper 
 that I should direct your attention to some matters not sus- 
 ceptible of exact determination at this time, and which, nat- 
 urally, might change the final result. 
 
 The Oakley Company has brought suit against the Vine- 
 yard Land and Stock Company to quiet title to part of the 
 waters of Goose creek. The dates upon which the Vineyard 
 Company initiated title are prior to some of the filings of the 
 Oakley Company, and in part later than some of the rights 
 decreed to various settlers and afterwards acquired by the 
 Oakley Company. There is some question as to the effect 
 that a decree giving the Vineyard Company all for which It 
 contends would have on the Oakley supply. The Vineyard 
 lands are from 25 to 40 miles upstream from the Oakley dam ; 
 and they are situated in narrow canyons, which collect the 
 seepage and return it to the creek ; most of the water claimed 
 has been used in past years, and has not been measured at 
 the Goose creek gauging station. The measurements at this 
 station are among those I have used in estimating the supply. 
 
62 Report of Commission 
 
 Some of the owners of decreed rights on Goose and Birch 
 creeks who exchanged their rights for storage rights in the 
 reservoir have brought suit to have the exchange nullified. 
 
 Neither of these suits have been decided by the United 
 States district court, and pending a decision it would be idle 
 to speculate. Even after judgment shall have been rendered 
 it would very possibly require a field examination and many 
 measurements to ascertain the effect upon the Oakley sup- 
 ply. In the latter case a somewhat involved computation 
 would have to be made to determine whether or not the pro- 
 ject would gain or lose by having part of its water supply 
 taken from it along with a decrease in the acreage it is un-' 
 der obligations to supply with water. The combined effect 
 of adverse decisions in these cases probably would not alter 
 my estimate as much as 10 per cent. 
 
 This project contains under contract at the present time 
 about 40,000 acres of land as follows. 
 
 Acres 
 
 Carey land for which patent has been applied . . 28,648.63 
 Private land 9,858.63 
 
 Total 38,507.26 
 
 All the Carey land for which patent has been requested has 
 contracted for water. There were originally segregated 43,- 
 773.56 acres in List No. 23. 
 
 This land was to be irrigated from water from Goose, 
 Trapper, Birch and Cottonwood creeks, the first two flow- 
 ing directly into the reservoir and the latter two being car- 
 ried to the reservoir through ditches having lengths of 6.7 
 and 14.5 miles respectively. The water contracts allot 1.5 
 acre-feet per acre, and the original estimates of supply ap- 
 parently indicated that the supply would aggregate over 120,- 
 000 acre- feet, which would be sufficient for the total area of 
 land. This estimate was based upon the area of the drain- 
 age basin and the precipitation thereon, a method which has 
 been found to give results entirely erroneous and invariably 
 too high. A second estimate was made by observing the flow 
 of the creeks in 1908 and 1909. This gave 74,928 acre-feet. 
 An estimate by the State Engineer in 1913 on the basis of 
 
Report of Commission 63 
 
 records of run-off made by the United States Geological Sur- 
 vey confirmed the latter. 
 
 But in neither of these estimates was any consideration 
 given to the fact that it would not be possible to deliver to 
 the reservoir the water from Birch and Cottonwood creeks 
 without considerable loss. These streams are small, running 
 about three second-feet, or 150 miners' inches, for the greater 
 part of the year, so it is evident that there would be material 
 losses in transporting such small flows through canals de- 
 signed for 100 second-feet and having lengths of 5.7 and 
 14.5 miles respectively. These feeder canals were not com- 
 pleted until 1913. Since completion they have delivered 
 water to the reservoir in the spring of 1914 only. As the 
 estimation of the supply from these creeks is not susceptible 
 of the same accuracy as that of Goose and Trapper creeks, 
 I have made a separate estimate at the end of this report. 
 
 United States Geological Survey gaugings of Goose and 
 Trapper creeks show the following annual run-offs : 
 
 Acre- Feet 
 
 1909-1910 59,901 
 
 1910-1911 50,365 
 
 1911-1912 71,902 
 
 1912-1913 49,300 
 
 1913-1914 65,900 
 
 Or an average for the five years of 59,400 acre-feet. The 
 records for 1915 have not yet been compiled. They will show 
 when compiled, a low year. The run-off for the previous 
 years is very nearly one-half that of Salmon river, which 
 rises in the same mountain range and flows through a coun- 
 try topographically sirhilar. As the run-off of the latter for 
 1915 approximates very closely 50,000 acre-feet, 25,000 acre- 
 feet will be the probable run-off of Goose and Trapper creeks. 
 The company's records show 24,620 acre-feet until Septem- 
 ber 5, or 25 days less than the year. This added to the above 
 gives a six-year average of 53,730 acre-feet. 
 
 In my opinion it is more accurate to include this low year. 
 We know that the annual fluctuation of most streams is so 
 great that a true average is to be obtained by the considera- 
 tion of the flow for a long period of pears. There is no jus- 
 
64 Report of Commission 
 
 tification for excluding the last year, no matter whether it 
 be high or low. 
 
 For the purpose of throwing some light on the question of 
 reservoir losses, I give the following data, supplied by the 
 Oakley Company. 
 
 There are no records available for 1912, as the operation 
 of the canal for that year was entirely in the hands of the 
 farmers. 
 
 Acre-Feet 
 
 On hand September 22, 1912 6,483 
 
 Received from Goose Creek 11,783 
 
 Received from Trapper creek 4,173 15,956 
 
 Total 22,439 
 
 On hand April 1, 1913 19,453 
 
 Loss 2,986 
 
 On hand April 1, 1913 19,453 
 
 Received, Goose creek 25,473 
 
 Received, Trapper creek , 7,299 32,772 
 
 Total 52,225 
 
 Drawn 32,862 
 
 Balance 19,363 
 
 On hand November 1, 1913 9,850 
 
 Loss 9,513 
 
 On hand November 1, 1913 9,850 
 
 Received from Goose creek 15,974 
 
 Received from Trapper creek. ...... 4,641 20,615 
 
 Total 30,465 
 
 On hand April 1, 1914 28,500 
 
 Loss 1,965 
 
 On hand April 1, 1914 28,500 
 
 Received, Goose creek 36,210 
 
 Received, Trapper creek 8,981 
 
 Received, Birch creek 2,482 
 
 Received, Cottonwood creek 2,780 50,453 
 
 Total 78,953 
 
Report of Commission 65 
 
 Drawn . 45,780 
 
 Balance 33,173 
 
 On hand November 1, 1914 16,350 
 
 Loss 16,823 
 
 On hand November 1, 1914 16,350 
 
 Received, Goose creek 7,250 
 
 Received^ Trapper creek 2,689 9,939 
 
 Total 26,289 
 
 On hand April 1, 1915 24,600 
 
 Loss 1,689 
 
 On hand April 1, 1915 24,600 
 
 Received, Goose creek 10,673 
 
 Received, Trapper creek 4,008 14,681 
 
 Total 39,281 
 
 Drawn 35,572 
 
 Balance 3,709 
 
 On hand September 5, 1915 
 
 Loss 3,709 
 
 These losses may be summarized as follows : 
 
 Winter Summer Total Quantities in Reservoir 
 
 1912-1913 ... 2,986 9,513 12,499 6,480 up to 30,000 down to 9,500 
 
 1913-1914 ... 1,965 16,823 18,788 9,500 up to 50,000 down to 16,350 
 
 1914-1915 ... 1,689 3,709 5,398 16,350 up to 25,600 down to 
 
 To make an accurate estimate of future losses from the res- 
 ervoir, a detailed examination of all the records of inflow, 
 outflow- and elevations of water in the basin would have to be 
 made, which would require considerable time and involve an 
 expense that might not be commensurate with the amount of 
 information gained. The above figures indicate an improve- 
 ment in the holding capacity of the reservoir, but do not tell 
 how much, nor what can be expected in the future. The grad- 
 ual decrease in the losses during the winter months, when 
 there would be greater uniformity in evaporation and less 
 
66 Report of Commission 
 
 fluctuation in the water level, shows an improvement, and in- 
 dicates the possibility of some further improvement, but the 
 probability that such further improvement will not be con- 
 siderable. 
 
 It has been demonstrated that some reservoirs that have 
 been investigated lose the same amount of water by evapo- 
 ration as from seepage. Whether or not this rule will apply 
 to the Oakley reservoir remains to be proven. It is a rough 
 rule at best, and might be no more applicable to Idaho con- 
 ditions than the old practice of estimating the run-off from 
 precipitation and area of the drainage basin. But because 
 an estimate based, upon facts in this case checks roughly with 
 such an assumption, and there is no better way of ascertain- 
 ing the losses, I will use this method, although it is not en- 
 tirely satisfactory to me. The evaporation during the win- 
 ter months here used is one-fifth that for the year. For a 
 winter loss of 1,7.00 acre-feet, the yearly loss would be 8,500 
 acre-feet. Former State Engineer King estimated 5,500 
 acre-feet on the assumption that the seepage was 60 per cent 
 of the evaporation. Had he used equal quantities for the two 
 he would have found 7,000 acre-feet loss. We would then 
 have available at the reservoir gate 53,730-8,500, or 45,230 
 acre-feet. It can be noted that this is approximately the quan- 
 tity which was drawn for irrigation in 1914, when there was 
 under cultivation 17,500 acres. 
 
 Following is a table showing the performance of the ca- 
 nals : 
 
 Percentage 
 
 Drawn From Delivered Loss in Acres Amount 
 
 Season Reservoir to Farmers Transportation Irrigated Per Acre 
 
 1913 32,862 21,607 34.2 11,600 1.37 
 
 1914 45,780 33,422 27.0 17,500 1.91 
 
 1915 35,572 21,390 39.8 21,500 1.00 
 
 Although there are portions of the main canal that flow 
 through gravel beds, the canals in the main are built through 
 earth similar in character to those in other projects in that 
 part of the State. Engineers of the company estimate the 
 future losses to be 16 per cent. Former State Engineer 
 King estimated it at 23 per cent, but was content to average 
 his figure with that of the company, making 20 per cent. It 
 will be noticed that there is a marked improvement in 1914 
 over 1913, due to the combined effect of natural improvement 
 
Report of Commission 67 
 
 in the canal and the running of a larger quantity of water, 
 and while 1915 showed a greater loss than 1913 for the same 
 amount of water delivered, from the fact that this water was 
 distributed to almost twice as much land, it would be ex- 
 pected that the per centage loss would be much higher. From 
 the past conduct of the canal and from measurements of 
 losses in certain sections, I believe that a loss of 20 per cent 
 would be conservative. Eighty per cent, then, of 45,230 is 
 36,180 acre-feet; and this divided by 1.5, the contract duty, 
 gives 24,300 acres. To this might be added 10 per cent for 
 roads, yards, etc., making a total area capable of irrigation 
 from Goose and Trapper creeks of 26,730 acres. 
 
 A report by the State Engineer for 1910, 1911, and 1912, 
 and gaugings of the United States Geological Survey show 
 the run-off as follows from Cottonwood and Birth creeks : 
 
 Cottonwood Birch 
 
 1910 8,481 6,326 
 
 1911 6,009 6,023 
 
 1912 13,704 6,661 
 
 1913 6,120 
 
 1914 8,980 
 
 In 1914, out of 8,980 acre-feet of Cottonwood, the reser- 
 voir received 2,780 acre-feet. Therefore it must flow 8,980 
 less 2,780, or 6,200 acre-feet before there is any available 
 for the Oakley project. 
 
 There would have been available, including 1915, because 
 there was none available that year : 
 
 * 
 
 1910 2,281 
 
 1911 
 
 1912 7,504 
 
 1913 
 
 1914 2,780 
 
 1915 
 
 i 
 
 An average for the six years of 2,100 acre-feet. 
 
 Birch creek is more uncertain and difficult of treatment. 
 The few records we have show a great uniformity of flow, 
 
68 Report of Commission 
 
 so I think we can take 2,480, or its 1914 flow to the reser- 
 voir, as its average. 
 
 Cottonwood 2,100 
 
 Birch 2,480 
 
 Total 4,580 
 
 Measured at the reservoir. 
 
 No dedcution will be made for reservoir losses for this 
 4,580 acre-feet, as I have already assumed a loss on the theory 
 that water would be received from these two creeks. De- 
 ducting 20 per cent transportation loss, leaves 3,860 feet, 
 which at 1.5 acre-feet per acre, would supply 2,580 acres. If 
 to this we add 10 per cent, as before, we have 2,840 acres 
 as the area to be irrigated from Cottonwood and Birch 
 creeks. This, added to 26,730 acres previously found, gives 
 a total of 29,570 acres as the total area capable of irrigation 
 on the Oakley project. 
 
 Owing to many uncertain conditions, it is not my intention 
 to state that the above acreage, namely 29,570, can or will 
 be irrigated. It has been my experience that the develop- 
 ment of new facts or the better understanding of conditions 
 concerning which some information has been available, re- 
 sults in a decrease in the acreage which can be irrigated from 
 a given source, and that in no project with which I am fa- 
 miliar has it ever developed that more land could be irrigated 
 than had been estimated. This project is still in its youth, 
 and the records therefore do not cover as long a term of 
 years as they should to permit any engineer to submit an es- 
 timate which could be regarded as final. For that reason I 
 regret that I can not at this time indicate the quantity of 
 land which should be retained in this project. As has been 
 pointed out, Cottonwood creek is a decidedly uncertain feeder. 
 Because of litigation now pending, the title to the waters of 
 Birch creek may or may not be in the Oakley Company. 
 Therefore, in making a conservative estimate, I would feel 
 justified in eliminating land, namely 2,840 acres, which I es- 
 timate might be irrigated from Cottonwood and Birch creeks. 
 This would leave the project at 26,730 acres. If, however, 
 it should develop in the future that Cottonwood and Birch 
 creeks can be relied upon as feeders, the uncertainty of the 
 
Report of Commission 69 
 
 outcome of the litigation affecting Goose creek would still 
 be justification for the placing of a limit of 27,000 on the 
 project acreage. 
 
 Respectfully submitted, 
 
 A. E. ROBINSON, 
 
 Engineer. 
 
 In view of the conditions as observed by the Commission 
 and from all information available, the following resolution 
 was placed upon our records : 
 
 "Moved : That in making the report on the Oakley project, 
 we adopt the conclusions of Mr. Robinson as to the probable to- 
 tal amount of land that can be successfully irrigated by the wa- 
 ter available under the contract made with the settlers, but in 
 view of the uncertainty of the supply to be secured from 
 Birch and Big Cottonwood creeks, as shown by the records, 
 we recommend that the presumed total amount of 29,570 
 acres be reduced by the elimination of the 2,840 acres esti- 
 mated as provided for by the supply from these two creeks, 
 thus leaving the probable total amount of land which could 
 be safely irrigated in normal years as 26,730 acres. We do 
 not agree with that part of the report of Mr. Robinson 
 which adds 10 per cent to the irrigable area on account of 
 roads, yards, etc., and would on that account deduct from 
 his total area 2,430 acres, thus bringing the area capable of 
 irrigation down to a total of 24,300. We would recommend 
 that the Land Board take such action as may be necessary to 
 secure a reduction of the project by the construction com- 
 pany or its successors, to that extent. We would further rec- 
 ommend that the Settlers' Association, acting in co-operation 
 with the operating company, take steps to limit the amount 
 of land to be put into crop during the season of 1916 and 
 subsequent years until it can be demonstrated by experience 
 or otherwise that the available water is sufficient to supply 
 the contract amount of one and one-half acre-foot to a larger 
 acreage. The area thus restricted should by no means be 
 
70 Report of Commission 
 
 allowed to exceed the 21,500 acres reported as being in crop 
 during 1915, and if possible it should be reduced to 18,000 
 or 19,000 acres. The supply of storage water at the present 
 date is zero, and even if the amount impounded during the 
 winter and coming season should be in excess of the amount 
 required for the restricted area, such surplus should be con- 
 served and carried over into the succeeding year." 
 
 In arriving at the conclusions of the above resolution, the 
 Commission took into consideration the demands of some of 
 the settlers to reduce the segregation to an extremely limited 
 area. Some of these suggestions would eliminate all but 12,- 
 000 acres, while there were a number who suggested that 15,- 
 000 or 16,000 would be all that could possibly be taken care 
 of. This Commission believes, however, that these sugges- 
 tions of various settlers are not based upon any scientific 
 reasoning, but are largely matters of opinion, and it has 
 been our effort to arrive at the proper conclusions by secur- 
 ing every possible information that could be obtained. 
 
 Reference has been made to pending litigation relative 
 to some of the water rights held by this company. While 
 this may not result adversely to the project, it is quite pos- 
 sible that such may be the result, and it has been the effort of 
 the Commission to eliminate any sources of supply that might 
 be considered doubtful. This is stated as a justification for 
 the reduction above noted to 26,730. It would not be wise 
 to conclude this report without expressing our opinion that 
 the Oakley project, if reduced to a reasonable area, as indi- 
 cated, and if, with the increase of experience, the settlers 
 learn to use the waters available to the utmost advantage, will 
 become in due time one of the most successful and productive 
 of any in the State. 
 
 With a shortage such as has been apparent from the be- 
 ginning, it can not be expected that these lands will be rapidly 
 settled and improved, and it certainly would be the part of 
 wisdom for the controlling company to recognize this fact 
 
Report of Commission 71 
 
 That there would be some loss to the bondholders is appar- 
 ent, but the wise course of action would reduce this to the 
 minimum. 
 
 By the reduction of acreage and the concentration of the 
 project to a smaller and more compact area, some settlers 
 will probably feel that they have been unfairly dealt with, but 
 steps should be taken on the part of the Land Board to secure 
 to such persons as far as possible their rights in their lands 
 upon which they have filed and to the improvements which 
 they have made. We believe that such settlers should have 
 the right to secure title to their lands, and if pending legis- 
 lation in Congress is passed, this will become possible, al- 
 though they may never be able to secure water rights for their 
 holdings. 
 
REPORT ON THE TWIN FALLS NORTH 
 SIDE CAREY ACT PROJECT 
 
 After a thorough examination and due consideration of the 
 Twin Falls North Side Carey Act project, the Idaho Irriga- 
 tion and Drainage Code Commission begs to submit the fol- 
 lowing report : 
 
 Your Commission's investigation included the detailed ex- 
 amination by Representative J. A. Waters, to whom was 
 delegated the task of making a preliminary report to the Com- 
 mission of conditions existing on the tract. Mr. Waters spent 
 from November 17th to 19th on the tract, investigating the 
 reservoirs, canals and general distributing system. He also 
 held numerous meetings and conferences with settlers on the 
 tract. After a preliminary report of Mr. Waters, three mem- 
 bers of tfie Commission, Messrs. Elliott, Waters and Cartel- 
 held meetings on the tract at Eden, Grand View club house, 
 and Wendell. All of these meetings were largely attended by 
 bona fide settlers, with whom the general situation was dis- 
 cussed. The Eden meeting was also attended by Messrs. R. 
 E. Shepherd and Brookmine, representing the bondholders. 
 
 There are three segregations on the project, totaling about 
 200,000 acres, and contracts have been made with the settlers 
 aggregating 165,000 acres. The contracts have been made 
 at different rates per acre on the first, second and third 
 segregations, respectively. Patents to 151,343.57 acres have 
 been issued by the Federal Government, and the company has 
 asked that the State immediately issue patents to all the land 
 upon which proof has been made. 
 
 The original company has been succeeded by representa- 
 tives of the bondholders, who have entire charge of the pro- 
 ject at present, and the word "company" as hereinafter used 
 
Report of Commission 73 
 
 is intended to include the representatives of the bondholders, 
 as well as the original company. 
 
 There are now two kinds of contracts existing between 
 the company and settlers. In consideration of the extension 
 of time for payments on the old contracts, about half of the 
 settlers have been forced to the alternative of signing new 
 contracts or suffering foreclosure under the old contracts. 
 Their new contracts provide that on demand from the com- 
 pany, the settler shall execute notes, secured by mortgages 
 on their holdings, in favor of the company in a sum equal to 
 the unpaid balance on their contracts. 
 
 The water supply consists of two separate filings on the 
 Snake river of 2,660 feet, and the storage in Wilson lake and 
 the Jerome reservoirs. It was expected that these reservoirs 
 would store not less than 70,000 acre-feet. Because of ex- 
 cessive losses, the Jerome reservoir has proved .to be a total 
 failure, and the Wilson Lake reservoir will store only 10,000 
 acre-feet. The company is now providing additional stor- 
 age in Jackson lake. All of the reservoir water is intended 
 for the second and third segregations. Through an agree- 
 ment with the State Land Board the company is permitted 
 to sell excess water stored in this reservoir. 
 
 It is apparent to the Commission that there exists an alarm- 
 ing shortage in the amount of water for all of the segrega- 
 tions. In the past year the settlers were put upon a 50 per 
 cent basis for a large part of the irrigating season, and many 
 of the settlers received practically no water. While the Jack- 
 son Lake reservoir will, when completed, add greatly to the 
 water supply, there will still be a shortage because the carry- 
 ing capacity of the canal system is wholly inadequate. 
 
 During the past season, while the 65,000 acres under culti- 
 vation was on a basis of 50 per cent of the total amount of 
 their water contracts, the main canal was running practically 
 to its full capacity, and the settlers on the extreme ends of the 
 laterals in many instances received so little water that their 
 
74 Report of Commission 
 
 crops were a total failure. It seems to be the general con- 
 sensus of opinion among the settlers that only once, during 
 the year 1912, of the seven seasons that the water has been de- 
 livered was there a sufficient water supply for crops. The 
 Commission is not unmindful of the fact that many reports 
 have gone out from this project that the 1915 crops have been 
 abundant. Upon slight inquiry it developed that there were 
 good crops in isolated instances where the farmer received 
 much more than the per centage of water allotted, or as in 
 many instances one part of the farm was wholly sacrificed; 
 and all of the water for a large acreage applied to a much 
 smaller one. 
 
 The inadequacy of the canal system is largely due to the 
 numerous crevices, which cause enormous losses. The geo- 
 logical formation is peculiar. Crevices develop at frequent 
 intervals, which soon enlarge so that large quantities of water 
 drop out of sight. It is said that there are more than 100 ot 
 such crevices in the bottom of the Jerome reservoir, and the 
 same difficulty is encountered in the canal system. As indi- 
 cative of the large amount of water escaping in this way, 
 it is reliably stated that the Blue lakes have risen perceptibly 
 during the irrigation season on the North Side. There are 
 numerous ponded areas in the main canal, which cause un- 
 usual loss from seepage and evaporation, and greatly retard 
 the flow of the water. In some of these spreads, the canal is 
 three-fourths of a mile wide, and in numerous instances is 
 several hundred feet wide. It will doubtless require the ex- 
 penditure of large sums of money in order to prevent these 
 enormous losses, but it is apparent that they will have to be 
 stopped before anything like an adequate supply of water can 
 be had. This applies to the laterals, as well as to the main 
 canal. 
 
 The Commission is also of the opinion, even after such 
 improvements are made, that the main canal will have to be 
 greatly enlarged before a sufficient quantity of water can be 
 
Report of Commission 75 
 
 delivered to the entire project. The declivity is so slight for 
 the first 5200 feet from the intake that the velocity is greatly 
 retarded. It was stated at the Eden meeting, by Mr. Shep- 
 herd, that it was impracticable to raise the flash boards of 
 the Milner dam through fear that the dam would go out 
 under the increase of pressure. 
 
 It is also apparent that the present methods of distribution 
 are very inequitable. The settlers on the lower ends of the 
 laterals have had just cause of complaint. There exists an 
 apparent antagonism between some of the settlers and the 
 officers of the company. Complaints made to the ditch riders 
 or to the directors were treated with contempt and frequently 
 the complainant received further cuts in his water supply as 
 a reward for making just accusations. 
 
 In view of the above facts, your Commission would re- 
 spectfully make the following recommendations : 
 
 First: That the company be required to improve the canal 
 system so that the carrying capacity will be adequate, the 
 Commission being of the opinion that the canal will have to 
 be enlarged, as well as improved by cementing or otherwise 
 improving the places where the loss is greatest. If the canal 
 is not enlarged, a separate canal should be constructed for 
 the first segregation. 
 
 Second: That if it is found that sufficient water can not 
 be had for the entire project, that it be cut down by cutting 
 of! the Clover Creek or third segregation, and the high line 
 and low line pumping plants on the second segregation. The 
 third or Clover Creek segregation is situated at the extreme 
 end of the project, and enormous losses occur in delivering 
 water to it. There are some improved ranches on this pror 
 ject, one of which is said to be worth $50,000, and while it will 
 entail a hardship on the company to make satisfactory set- 
 tlement with the settlers here, the Commission is of the opin- 
 ion it must needs be done in case no adequate facilities for 
 watering the entire tract can be found. 
 
76 Report of Commission 
 
 Third : That the company be not allowed to sell any of 
 the storage water in Jackson lake until it is fully determined 
 that there will be sufficient water for this project. 
 
 Fourth : That the Land Board use its good offices towards 
 attaining a better understanding between the settlers and 
 company with regard to the distribution of water, to the end 
 that a more just and equitable system of delivery may be 
 accomplished. 
 
 Fifth: That patents be withheld by the State until the 
 system is completed or its completion secured by an adequate 
 bond. In this connection we would respectfully urge that 
 the company bonds be not accepted, for the reason that the 
 value of the same is controlled entirely by the ultimate suc- 
 cess or failure of the project. Your Commission believes 
 that, if the patents are issued before the completion of the 
 project, or a bond be given, there will be great danger that 
 the company will immediately call for notes 'and mortgages 
 from the settlers, which notes and mortgages might be im- 
 mediately negotiated to innocent purchasers, and the settlers 
 forced to the alternative of paying the same, and also com- 
 plete the project themselves, or of utterly abandoning the 
 homes that they have begun to make. 
 
 The Commission sees great possibilities for this project if 
 properly completed. The soil and climatic conditions are un- 
 surpassed in the State, and we trust that all possible efforts 
 be made to remove, as quickly as possible, the great uncer- 
 tainty now existing on the North Side Twin Falls tract. 
 
REPORT ON THE WEST END IRRIGA- 
 TION COMPANY'S PROJECT 
 
 The Commission's findings with reference to the West End 
 Twin Falls Irrigation Company's project were reached after 
 a perusal of the records of the State Land Board and the 
 State Engineer's office, together with correspondence with 
 some of the entrymen thereon. Two of the members of the 
 Commission are personally familiar with the construction 
 work that has been done, and with the general status of the 
 project. 
 
 This project, commonly known as the "West End Project," 
 is located in the counties of Twin Falls and Owyhee, and 
 immediately to the south and west of the Twin Falls South 
 Side tract. It was originally planned to irrigate about 52,000 
 acres from Cedar, Big Flat, Three, Deadwood, Devil and 
 Cherry creeks. Of this amount 46,016.27 acres were finally 
 segregated, and 20,987 acres filed upon by entrymen. Of 
 this acreage water rights were sold for 7,656 acres at a cash 
 consideration of $25.00 per acre; a total consideration of 
 $191,400. These water rights were sold prior to the time 
 that the West End Company entered into its contract with 
 the State and were sold without knowledge of the State. 
 Having thus been sold before the State entered into contractual 
 obligations with the company, no specific responsibility can 
 attach to the State for the failure on the part of the com- 
 pany to perform its contractual obligations to these entrymen. 
 
 Later a contract was entered into between the company and 
 the State and water rights to 13,331 acres of Carey Act lands 
 were sold at a consideration of $40.00 per acre. Of this 
 amount $3.50 per acre was paid at the time of entry, and 
 brought the company a cash return of $46,658.50. At the 
 
78 Report of Commission 
 
 time the contract was entered into between the State and the 
 company, the company, as required by law, made and exe- 
 cuted to the State a surety bond in the sum of $45,000.00, 
 which bond was furnished by the Title Guarantee and Surety 
 Company of Scranton, Pennsylvania. The condition of the 
 bond being that upon the failure of the West End Twin Falls 
 Irrigation Company to complete the terms of its contract 
 with the State the amount of the bond should be forfeited. 
 This bond is now on file with the State Land Board. 
 
 The company took charge of and commenced construction 
 work on the impounding dams and canals in 1909 It did 
 very little actual work and pursued such dilatory tactics that 
 nothing of permanent value was accomplished. During the 
 last four years nothing has been done and the project has 
 apparently been abandoned. It seems clear, however, that 
 the construction company came out in good shape. The rec- 
 ords of the State Engineer's office show that about $120,000 
 was spent on the entire project, while $238,058.50 was real- 
 ized from the sale of water rights, a net difference for the 
 company of $118,058.50. 
 
 In view of the fact that the company has failed to com- 
 plete the project in accordance with its contract with the State, 
 and having abandoned the same by its failure to do any 
 construction work for about four years, the Commission ur- 
 gently recommends that the State Land Board take early ac- 
 tion declaring the company's contract with the State for- 
 feited. It is clearly the duty of the State to terminate as 
 speedily as possible its relation with a company of this nature. 
 
 When the State Land Board shall have declared forfeited 
 the company's contract with the State, it is urged that instruc- 
 tions be issued to the Attorney-General to institute action look- 
 ing to the recovery on the company's surety bond, the pro- 
 ceeds of which should be distributed pro rata among the en- 
 trymen who bought water rights subsequent to the execution 
 of the company's contract with the State. These entrymen 
 
Report of Commission 7 
 
 should receive as large a return on their original payments 
 as possible, and the State's responsibility cannot cease until 
 it has done everything possible for the relief of these entrymen. 
 
 The Commission further suggests that those entrymen who 
 purchased water rights prior to the time of the execution of 
 the company's contract with the State, and before the State'3 
 responsibility began, to get together and institute action 
 against the officials of the company for the recovery of their 
 payments. Some of these officials are fully able to return 
 these payments, and they should be compelled to do so. 
 
INDEX 
 
 Page 
 
 CAREY ACT REPORTS 
 
 Big Lost River 23 
 
 Idaho Irrigation Company 49 
 
 King Hill and King Hill Extension 44 
 
 Oakley 56 
 
 Salmon River 29 
 
 Salmon River (Supplemental) 40 
 
 Twin Falls North Side 72 
 
 West End Irrigation Company 77 
 
 DRAINAGE LAWS OF IDAHO 20 
 
 EXPENDITURES 22 
 
 GENERAL REPORT 8 
 
 IDAHO IRRIGATION AND DRAINAGE CODE 
 COMMISSION 
 
 Act Creating 5 
 
 Personnel 4 
 
 LETTER OF TRANSMISSAL 3 
 
 LEGISLATION RECOMMENDED . 15 
 
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