Farmers' Cooperative Irrigation Co. v. Alsager

The Farmers’ Cooperative Irrigation Company owns and operates a main canal known as the Farmers’ Canal distributing water from the Payette River to many hundreds of users. The lands of the defendants lie along a lateral taking its water from another canal. This lateral runs roughly at a right angle to the Farmers’ Canal and crosses it below Bmmett. Prior to 1904 this crossing was accomplished by means of a syphon. In 1904 a wooden flume was built; this was replaced about 1910 by another wooden flume and in 1924 by a concrete flume.

When the first wooden flume was constructed, at the request of…