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UNITED STATES v. UNION GAP IRR. DIST.

No. 5938.

39 F.2d 46 (1930)

UNITED STATES v. UNION GAP IRR. DIST.

Circuit Court of Appeals, Ninth Circuit.

March 17, 1930.

Attorney(s) appearing for the Case

Roy C. Fox, U. S. Atty., and E. J. Farley, Asst. U. S. Atty., both of Spokane, Wash., and B. E. Stoutemyer, Dist. Counsel, U. S. Bureau of Reclamation, of Portland, Or.

Thomas H. Wilson and H. J. Snively, both of Yakima, Wash., for appellee.

Before DIETRICH and WILBUR, Circuit Judges, and KERRIGAN, District Judge.

DIETRICH, Circuit Judge.

In 1905 the officers of the National Reclamation Service were considering the feasibility of undertaking a reclamation project on the Yakima river in the state of Washington. That they might have definite and dependable assurance of the amount of water available they adopted the plan of procuring from claimants of prior rights in the stream what are referred to as limitation agreements, that is, written...

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