Swigart v. Baker
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve the construction of the Reclamation Act of 1902 and whether the purchaser was required thereunder to pay the annual charges for maintaining the irrigation -project by which his lands are irrigated, aré stated in the opinion.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve the construction of the Reclamation Act of 1902 and whether the purchaser was required thereunder to pay the annual charges for maintaining the irrigation -project by which his lands are irrigated, aré stated in the opinion. The unambiguous language of the act requires the charges for operation and maintenance to be paid out of the “Reclamation Fund” until such time as the major portion of-the lands under a project shall have been paid for, when the management shall pass to the water users, and then to be…
1Opinion of the CourtJustice Lamar
The Sunnyside Unit of the Yakima Irrigation Project was so far completed in 1909 that the Secretary of the Interior gave notice that water would be furnished for irrigation purposes and that “the charges would be in two parts: 1. Building of the irrigation system, $52 per acre . '. . 2r. For operation and maintenance, 95 cents per acre per annum.” The appellee, Baker, applied for a water right and paid the assessed charges until 1911, when he refused to pay the 95 cents per acre for maintenance and operation, on the ground that’ the Secretary had no authority to make such an assessment. The…
2Cases cited1 opinion
- Weston v. Hancock CountyMississippi Supreme Court · 1910
3Cited by33 opinions
- United States v. StafoffSupreme Court of the United States · 1923
- Blanset v. CardinSupreme Court of the United States · 1921
- Keasbey & Mattison Co. v. RothensiesCourt of Appeals for the Third Circuit · 1943
- Magruder v. Belle Fourche Valley Water Users' Ass'nCourt of Appeals for the Eighth Circuit · 1914
- Varney v. WarehimeCourt of Appeals for the Sixth Circuit · 1945
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