Tapper v. Idaho Irrigation Co.

LEE, J.,

Specially Concurring. — Respondent is what is known as a Carey construction company, and entered into a contract with the state to construct an irrigation system to reclaim certain lands segregated by the United States to the state under the act of Congress approved August 18, 1894, and the acts supplementary and amendatory thereto. Thereafter respondent conveyed to appellants or their predecessors in interest, who are Carey entrymen, a right to the use *101of certain of the public waters of the state, which it had appropriated for the settlers under the segregation, and it agreed to…