American Falls Reservoir Dist. No. 2 v. Crandall

HANEY, Circuit Judge.

The trial court entered a decree dismissing appellant’s complaint, and this appeal is prosecuted from that decree.

On March 30, 1921, the United States, acting through its reclamation service, filed an application with the Department of Reclamation of the state of Idaho to appropriate 8,000 second feet of theretofore unappropriated water of the Snake river, pursuant to the provisions of Idaho Code Ann. § 41-202. This application was approved by the Commissioner of such Department of Reclamation as permit No. 15134, hereinafter, for convenience, referred to as the diversion…