FOX v. ICKES

Nos. 8263-8265.

137 F.2d 30 (1943)

FOX et ux. v. ICKES, Secretary of the Interior. PARKS et ux. v. SAME. EDER v. SAME.

United States Court of Appeals for the District of Columbia.

Decided June 30, 1943.


Attorney(s) appearing for the Case

Mr. Stephen E. Chaffee, of Sunnyside, Wash., with whom Messrs. E. C. Finney and Wm. G. Feely, both of Washington, D. C., were on the brief, for the appellants in Nos. 8263, 8264 and appellant in No. 8265.

Messrs. Clifford E. Fix, Associate Chief Counsel, and J. Kennard Cheadle, Chief Counsel, both of the Bureau of Reclamation, Department of the Interior, both of Washington, D. C., with whom Messrs. Warner W. Gardner, Solicitor, Department of the Interior, of Washington, D. C., and B. E. Stoutemeyer, District Counsel, of Portland, Or., and Richard J. Carr, Attorney, both of the Bureau of Reclamation, Department of the Interior, of Washington, D. C., were on the brief, for the appellee in each case.

Before EDGERTON and ARNOLD, Associate Justices, and EICHER, Chief Justice of the District Court.


ARNOLD, Associate Justice.

In 1905, under the authority of the Reclamation Act1 the Secretary of the Interior undertook the construction and operation of the Yakima Project to irrigate lands in the State of Washington. In connection with this project the United States appropriated the unappropriated waters of the Yakima River under the statutes of the State of Washington.2 It has kept these appropriations in...

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