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IN THE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT OF THE STATE

OF IDAHO IN AND FOR CANYON COUNTY.

PIONEER IRRIGATION DISTRICT, (

Plaintiff,

v. ~ ) ) )

AMERICAN DITCH COMPANY et al., )

)Defendants, ~ and

UNITED STATES OF AMERICA,

) ) ) ) )

Intervener. ) )

ORDER FOR DISTRIBUTION OF l7ATERS OF

BOISE RIVER FOR 1932.

On this 30th day ot January, 1932, oounsel for all parties

being present in court, on motion of the plaintiff and no one

objecting thereto, the court hereby enters the following order:

IT IS HEREBY ORDERED that from and after the date bereof,

distributed during the the following named parties,

in aooordanoe wit the following priorities, and in the amounts

shown after each respectively, subject, however, to the sliding

s cale her einafter set forth: .

~.5· o~'1i _ Farmers Union Ditch Co., Ltd., 54.46 second reet, with date of priority, July 2, li94;

New.JYork Irrigation District a.nd Boise K'Una Irrigation Dis trict, suooessors to New York Canal Co., 58.86 second t eat, with date or priority March 23, 1900;

~ 5-o.JSeJ/ - United States ot Amer1oa , 1354,58 seoond f'eet, with date ot priority, Deoe mber 14, 1903;

, 3 _ t>~~t:t-4 _ Pioneer Irrigation Dis trict, 306.56 seoond feet, le' with d a t e of priority, April 1,. 1905;

Fa .rmer~ co-Ope;rativ @ Di·tch Oon J,54.45 seQond teet ~3 - tJ~ '//eJ - with de. te or· p:r1or1 ty, April l , J.90lS ;

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~3- t>r:<CJ-?- South Boise MUtual Ditoh co., 5.4 seooni teet, with date ot priority, April 1, 1905;

~3- o;J.C/.f""- Pioneer Irrigation Distriot., 54115 seoond feet, with date of priority, April i; 1908;

63~637.3- united States ofAmer1oa, 292._5 second feet ,' with date of priority, April 1, 1909;

i3-o3a.~ - United States or America, 634 second feet, with date or priority, CJune 18, 1909;

6 :5 -tJ.30..3 - .

Riverside Irrigation District, 63.78 seoond feet, with date of priority, April 1, 1910;

United States or .America, 8000 second f'eet, with date of priority January 13, 1911 for stoc~0v in Arrow~~~ Reservoir, provided that the Arrow Rock Reservo~r~tr"the United States under date or priority of January 13, 1911, shall not be subject to out until the flow of Boise River is insufficient to supply the said right and all rights prior thereto, and that after the flow of' Boise River becomes insufficient to supply t ,he said right, and all rights prior thereto, then the said Arrow Rook right shall be cut in its entirety before any right prior thereto shall be out.

Riverside Irril?11t1on District, 17.7 seoond teat, 63 - O B oo - with date of priority, April l, 1914.

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IT IF FURI'H.ER ORDERED, That the said respaotive parties

shall receive 100 per cent of the abo~e amount until the

natural flow ot the ;vatera ot Boise River shall decrease so

that all the rights oannot receive 100 per cent, at whioh time

the various rights shall first be out to 75 per cent of the

said amounts, as the natural tlow of the river decreases,

beginning with the latest rights and preceding to the earlies t

rights in the order of their said priorities, and after all

of the said rights shall have been reduced to a 75 per oent of

the said amounts, should the natural flow of the waters of <:>i

the river decrease below the amount necessary to supply said

75 per cent of the said rights, then the various rights, be­

ginning with the latest and preceding to the earliest, as

aforesaid, shall be reduoed to 60 per cent of the said

specified amounts. Sixty per cent or the said specified

amounts is hereby fixed and determined as the highest duty

of water for the year 1932.

IT IS FURTHER ORDERED, That the waters ot Boise River

shall be dive~ted for benetioial use and not wasted, and in I

case any user is diverting water over and above the amount

that he is actually putting to beneficial use, the amount

diverted by him shall be redµoed to the amount aotually put

to a beneficial use.

This order is made without prejudice to the conten-

tions of any party hereto and without prejudice to the

determination by the court of the ultimate rights of the

parties hereto.

Dated at Caldwell,

19320

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Idaho, this 30th day of January,

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