130 P. 382 | Idaho | 1913
— This action was instituted by the Pioneer Irrigation District under the provisions of sec. 2401 of the Rev. Codes for the confirmation of the proceedings of the district after a vote had been taken on a certain proposed contract with the United States and the Boise-Payette Water Users Association. After a hearing, the court entered a decree confirming the proceedings, and this appeal has been prosecuted.
Three questions are presented: First, that the contract has not been duly authorized by the qualified electors of the Pioneer Irrigation District and that the board of directors of the Pioneer Irrigation District is not duly authorized to exe
In the first place, the contract has been authorized by a vote of the qualified electors of the district in conformity with the statute. The statute, secs. 2397 and 2398 of the Bev. Codes, specifically authorizes the proceedings which have been taken in this case, and authorizes an irrigation district to enter into such a contract with the United States for the purpose of carrying out the purposes and objects of an irrigation district. Upon the question of whether or not an irrigation district has a right to provide means and expend money for the drainage of overflowed lands within the district, this court in the .ease of Bissett v. Pioneer Irr. Dist., 21 Ida. 98, 120 Pac. 461, expressed the opinion that such action might be taken. While the views there expressed were not essential to the determination of that case, a further investigation of the question convinces us of the correctness of the impressions the court then had on the subject, and we adopt the views therein expressed as the opinion of the court, and hold that an irrigation district possesses the powers necessary to drain its overflowed lands and to protect its land owners from seepage and overflow waters as well as to supply water to the dry and arid lands of the district.
The judgment should be affirmed, and it is so ordered. Costs awarded in favor of respondent.