Brown v. Portneuf-Marsh Valley Irr. Co.

DIETRICH, District Judge.

The controversy grows out of the' Downey Carey Act irrigation project in Bannock county, Idaho. Primarily the question is whether or not assessments levied by a Carey Act operating company for the necessary expense of maintaining- and operating the system upon stock issued pursuant to contracts of sale to settlers purchasing water rights are valid as against and superior to the claim of the construction company and its assignees for deferred unpaid installments on account of the purchase price of the water rights, and, secondarily, whether or not, in view of certain…