Haga v. Nampa & Meridian Irrigation District

GIVENS, District Judge.

— Upon rehearing, the original opinion herein is withdrawn and the following substituted as the opinion of the court.

Eespondent is the owner of 320 acres in appellant irrigation district. Eighty acres of respondent’s land are watered by appellant district with what is known as “Ridenbaugh water,” and no controversy exists with regard to the same. The balance, 240 acres, is irrigated from the Boise project of the United States Reclamation Service and from waste water.

In October, 1914, the district, without the consent of respondent, entered into a contract with the…