This is a presentation about water law in Idaho from the 1880s to the early 1900s. It covers the complexities of surface prior appropriation and usage rights. It accompanied a lecture at The Community Library by John Lundin.

1. EARLY WATER ISSUES AND CONFLICTS IN THE
WOOD RIVER VALLEY
Battles over Water for Domestic, Agriculture,
Industrial Uses
Presentation to The Community Library
July 16, 2016
John W. Lundin (john@johnwlundin.com)

2. Left, the author’s
great-grandparents,
Matt & Isabelle
McFall & children, ca
1888, who moved to
Bellevue in 1881.
Right upper, the
McFall’s International
Hotel on Main Street
built in 1881, which
became the premier
place to stay in the
WRV. It burned
down in 1909. Right
lower, the McFall
Hotel built in 1900,
after they moved to
Shoshone in 1893.
Photos from Lundin collection &
the Community Library.

3. Left, Neil and
Katherine Campbell,
and sons Stewart &
George. Stewart was
Idaho’s Inspector of
Mines from 1920 –
1932. George was
Blaine County Sheriff
in the 1920s & 1930s.
Right upper, Neil’s
blacksmith shop (the
first in Bellevue).
Right lower,
Bellevue’s Main St.
1903, showing the
International Hotel, &
Neil’s blacksmith
shop and livery
stable.

4. PART I – EARLY WATER ISSUES & CONFLICTS IN THE WOOD RIVER VALLEY
PART II – RECLAMATION ACT OF 1902 BRINGS FEDERAL MONEY TO BUILD
IRRIGATION SYSTEMS
August 2016

5. Water issues have
dominated the news in
the Wood River Valley in
the recent years.
Water shortages
challenge all users, and
climate change presents
significant problems for
the future water
resources. In Feb. 2015,
downstream senior Big
Wood R. water rights
holders issued a water
call against upstream
users. In June 2015, the
IDWR issued a drought
declaration for Blaine
County. Water shortages
and their impact on
users are problems that
have existed since the
first settlement of the
Valley.

6. SILVER RUSH TO WRV BEGINS IN 1880
In the fall of 1879, silver was discovered in the WRV. A major silver
rush began in spring of 1880, the year of the “Wood River Boom.” Tens of
thousands hopefuls from all over the world poured into the WRV in 1880 and
1881, to seek their fortunes. The Idaho Spokesman ran a tongue-in-cheek ad
in 1880, saying “Wanted, the man, woman or child who does not want to go
to the Wood River country in the spring.” One writer said that the hunger for
gold or silver “is a disease more contagious than measles, and once in the
blood it is seldom, if ever, eradicated.”
Claims were staked, mines were opened, and towns were formed in
the WRV and surrounding areas. In 1881, Robert Strahorn wrote “Wood river
is the center of one of the most extensive belts of heavy galena ores in the
world.” Another publication said the WRV’s silver belt was “one of the richest
as well as one of the most extensive in the world…The Bullion belt and district
is the richest yet discovered.” 15,000 people were expected by 1882.

7. 1881 – 1884: OREGON SHORT LINE IS BUILT TO PORTLAND
Wood River Branch Arrives in Hailey in May 1883
As soon the transcontinental railroad was completed in 1869, Union Pacific began
planning a new line to Portland, Oregon to take advantage of the NW’S natural resources and its
growing trade with the Orient. National economic issues caused a delay in the project.
In 1880, Union Pacific decided to build a new rail connection from its main line at
Granger, Wyoming to Portland. It would connect in eastern Oregon with a railroad being built
from Portland along the Columbia River by Henry Villard’s Oregon Railroad & Navigation
Company. The route would go through Idaho, along the Snake River plain, and “follow the path of
those who plodded westward along the historic Oregon Trail.” Since the its original UP charter
did not permit branch lines, in April 1881, UP incorporated a subsidiary called the Oregon Short
Line, to build a standard gauge railroad on “the shortest line to Oregon.” Construction began in
1882 in Wyoming, and was completed to Portland in November 1884.
Initially here were no plans to build a branch into the Wood River Valley, but the
development of its silver industry caused a change in its plans. UP’s publicist, Robert Strahorn,
helped to convince UP to build a Wood River Branch. The Wood River branch was completed
from Shoshone to Hailey in May 1883, and to Ketchum in 1884.

8. Robert Strahorn
(1852-1944) & Carrie
Adell Strahorn (1854-
1925). Robert was a
Union Pacific
publicist who toured
the NW to publicize
the area for a future
branch line to
Portland. Strahorn
convinced UP/OSL to
build a Wood River
Branch. Both wrote
about life in the
Northwest. Her book
is 15,000 Miles by
Stage.
Pictures from
historylink.org

9. IDAHO & OREGON LAND IMPROVEMENT CO.
In 1881, Strahorn and others associated with the Union Pacific formed the
Idaho & Oregon Land Improvement Co. to buy land in advance of the construction of
the OSL, where rail-stops would occur. Its owners included Robert Strahorn, Kansas
Senator Caldwell (who was president of the Kansas Pacific RR, a UP subsidiary),
Andrew Mellon (future Secretary of the Treasury), and others, who knew the route of
the OSL in advance. The company bought worthless desert land, platted and
developed townsites, constructed irrigation and water systems, and sold lots, making
huge profits. The company purchased and developed the towns of Shoshone, Hailey,
Mountain Home, Caldwell, Weiser, and Ontario, Oregon.
In June 1882, the company purchased the townsite of Hailey, the 2,500 acre
Croy Ranch and the 8,000 Quigley Ranch for $100,000. The Wood River Journal said
the company “takes the whole loaf.” Hailey was intended to be the terminus of the
Wood River Branch of the OSL. Strahorn was given property in Hailey as an incentive
for him to convince UP to build the Wood River branch.

10. Water Was Critical to Early Settlement
From the earliest settlement of the Wood River Valley, obtaining water for
domestic use, agriculture, and industrial uses was critical.
Towns needed water in cities for domestic use, fire-fighting, and irrigation.
Farming in the arid Idaho climate required large amounts of water for irrigation
provided by canals. Industrial uses included mining, smelting, electricity, sawmills, ice
ponds, etc.
The Desert Land Act of 1877, provided that any citizen could claim up to 640
acres of federal land in the arid west, but had to provide sufficient water to the land
within three years before title could be obtained. This was one of a number of
federal laws designed to encourage settlement of the west.
Irrigation works were expensive to build and investment companies such as
the Idaho & Oregon Land Improvement Co. were necessary to provide the necessary
capital. 10.7 million acres of land was obtained under this law in the arid west, and it
was the mechanism by which many Idaho towns were settled. It was replaced by the
Desert Land Act (Cary Act) of 1894, and later the Reclamation Act of 1902.

11. Idaho Water Law
In 1881, Idaho law required irrigators to post a notice of intended water diversion at
the Point of Diversion (POD), state the amount of water claimed, the purpose and place of its use,
and how it would be diverted, then record it with the County Recorder at the county seat.
“Priority in time securing priority of right,” known as the doctrine of prior appropriation,
established priority for water rights. There had to be a “beneficial use” for the water, work had
to be begun within 60 days of posting the notice of diversion, and land owners had the right of
way through the lands of others for irrigation projects. The Idaho Supreme Court upheld the
doctrine of prior appropriation in 1883 & 1890. Water rights could be lost if not used. Idaho’s
1889 constitution provided that water in rivers and streams belonged to the state, but recognized
the right of citizens to appropriate water for beneficial uses, by making and application for future
water appropriations to the State Engineer whose office was created in 1895. Pre-1889 water
right were to be defined and adjudicated through the courts. In 1965, the Constitution was
changed and a predecessor to the Idaho Department of Water Resources (IDWR) was established
to perform state water planning. The IDWR was formed in 1981.
Since 1971, to establish a new water right, an application has to be filed with the state
office, and does not become real property until a license is issued. In 1978, the Idaho Legislature
declared that Minimum Stream Flows are a beneficial use for the purpose of preserving streams.

12. Over-claiming of Water Rights Led to “Tragedy of the Commons”
While there was a system of registering water rights, there was no control over how
much water any individual could claim, and no process to see whether he actually appropriated
the water claimed. Many water claims were wildly excessive of what was needed or used, and
were not fully utilized. This led to water claims well in excess of the capacity of the rivers to
supply them. The prior appropriation doctrine meant the first claimants had priority over later
claimants. This led to disputes over water rights and lawsuits where courts had to determine
actual water rights and their priority, typically initiated by downstream farmers whose had senior
water rights were interfered with by the amount of water taken from the rivers upstream by
junior water rights holders .
City of Bellevue v. Goble – 1884, determined water rights in Seamands Creek
Woodworthy v. Anthony – 1895, determined water rights in the Little Wood River
Stewart decree – 1906, provided that in a time of shortage, all water diversions are
reduced beginning with the newest and ending with the earliest, so all irrigators share the
shortage.
Frost v. Alturas Water Co. – 1909, determined water rights in the Malad River System
(Big and Little Wood River systems). When there is a shortage of water, water rights for mining
get cut off first, then agricultural water rights, then municipal water rights.

13. Water Rights Domestic use For Cities in WRV

14. Bellevue’s Land Title & Water Supply
Bellevue was platted in May 1880, the town was settled, and title to 242
acres was obtained Nov. 20, 1882, under the Land Act of 1820 & Town-site law of
1844. 300 inches of water rights in Seamands Creek in Muldoon Canyon were
claimed in March 1880, for the town of Bellevue. A ditch was built bringing water to
Bellevue and a town well was dug on Main Street.
After 1880, other parties claimed water from Seamands Creek, including the
Wood River Smelter near Lookout Mountain, far in excess of its capacity. Bellevue
sued the other water claimants in 1884, in City of Bellevue v. Goble, et. al. After 47
days of testimony, Bellevue was awarded 300 inches of water, and the other claimants
were forbidden to interfere with Bellevue’s use of the water. The smelter went out of
business as a result. The city’s water rights were later reduced to 150 inches for
reasons that are not clear.
The city’s water system was not sufficient to meets its needs. In 1887, a
franchise was issued to Bellevue businessmen (including Matt McFall) to provide
water for the city. They formed the Bellevue Water Co. that built a new system,
installed wooden pipes to replace the ditches, and removed the well on Main St.

15. Map showing
Bellevue and
Seamands Creek
coming down
Muldoon Canyon
from the east. The
pictures on the right
show the springs and
ponds at the east end
of Seamands creek
on Ee-Da-Ho Ranch.
Bellevue’s water
supply comes from
springs near here.

16. Main Street,
Bellevue, before
1887. The city well is
in the middle of the
street. Matt
determined
International Hotel is
on the right.

17. Bellevue’s Water System Continues to Have Issues
Further litigation over Seamand’s Creek water occurred in 1890, over farmer’s rights
to water above Bellevue’s water rights, Goble, Brown v. Kimbrough. The parties settled the case
themselves, dividing all the creek’s water between themselves above Bellevue’s 150 inches.
In 1891, Bellevue sued Bellevue Water Co. for providing insufficient water for fire-
protection & other problems. A fire in 1905 highlighted a deficiency in Bellevue’s water system
for fire-fighting. In 1908, the city purchased the Bellevue Water Co. and all its assets for $4,800,
but no improvements were made immediately. “ $60,000 Fire in Bellevue” in 1909, burned down
the International Hotel, the Bellevue Mercantile Co., Neil Campbell’s blacksmith shop, and other
buildings. Bellevue’s water system was shut down for repairs being done by Neil Campbell’s son
Eugene, who had to ride a horse to the Seamands Creek springs to get the water running.
Another fire in 1912 burned down the Central Hotel: “A Calamitous Fire in Bellevue – Two Men
Perish, only the Trunks Being Unconsumed – Over $12,000 Worth of Property Destroyed.” “Two
Men Burned to a Crisp.” Wood River Times.
In 1920, improvements were finally made to Bellevue’s water supply: new access to
springs in Muldoon Canyon, new pipe installed, & settling tanks were built after voters approved
a bond issue. The new system was finished in 1925. A WPA grant in 1939 was used to replace old
wooden pipes with steel ones.

18. John Hailey played a
key role in Idaho’s
development. In the
1870s, he ran
stagecoach lines from
UP’s stop at Kelton,
Utah to Boise &
Washington, and
later into the WRV.
He founded the town
of Hailey, and
homesteaded in the
WRV. He was elected
as Idaho’s delegate to
Congress in 1885,
and later was Idaho’s
Librarian.

19. Hailey Township’s Title & Water Supply
John Hailey filed a claim to 440 acres in 1880 under the Desert Land Act of
1877. The town was platted in May 1881, and lots were sold. Hailey became the
county seat of Alturas County in spring 1881. In June 1882, the town of Hailey and its
water rights, and the 2,500 acre Croy ranch & the 8,000 acre Quigley ranch were
purchased by the Idaho and Oregon Land Improvement Co. to be the terminus of the
Wood River Branch of the OSL, for $100,000. Title to the town was obtained on April
5, 1884, after water was provided for its residents.
In April 1881, 500 inches of water were claimed for the Hailey township
from Indian Creek, which were sold to the Idaho & Oregon Land Improvement Co. in
February 1884. This became the main source of domestic water for the town, and is
still used as its municipal supply although wells supplement the city’s water supply in
the summer. There was a public well in the middle of main street for residents where
Sawtooth Motors is now located, and ditches brought water to city lots. The Indian
Creek water right is presently divided between Hailey’s water company and the Indian
Creek Ranch Assoc.

20. Indian Creek
north of
Hailey, source
of water for
Hailey’s water
supply.
Google Map

21. Additional Water for Hailey and Areas to the South
In April 1883, the Idaho & Oregon Land Development Co. claimed 12,000
inches of water from the Big Wood River, diverted 4 ½ miles north of town to irrigate
Hailey and six other Desert land claims of 3,500 acres south of town.
The Wood River Land & Irrigation Co. was formed in 1882, to dig the Big
Ditch to take water from the Big Wood River and transport it to Hailey and other
areas. The Alturas Water Co. was formed in 1883, to sell water to Hailey residents.
In March 1883, the Big Ditch was dug from the east side of the Big Wood
River 4 ½ miles north of town, at Point of Diversion #22, just south of the Starweather
subdivision, and ran through Hailey on its east side to irrigate land south of town. It is
presently known as the #22 Hiawatha Ditch. The ditch was 14 wide on its top,
10 feet wide at its bottom, and three feet deep. The Frost decision in 1909, found that
the canal only diverted 6,000 inches of water (not the 12,000 registered water rights)
and reduced the water rights of the owners accordingly.

22. Strahorn’s Problems Supplying Water for Hailey
Strahorn faced difficulties building canals to provide water to Hailey for domestic use,
electricity and irrigation. His father was in charge of the workforce digging the canal when “a
notorious hard-drinking bully” attacked Strahorn’s father with a whip. When the man tried to
draw his gun, workers jumped him and he was disarmed. He cursed “the whole damned
Strahorn outfit,” whom he threatened to fix. He bought another gun and went after Strahorn.
Strahorn said, “Fortunately the canal spring a leak calling me to Lower Main Street to make
repairs. This saved me from bullets, for enroute to me, he met W.T. Kennedy, against whom he
also had a grudge, which he promptly proceeded to settle, but before he could get in action,
Kennedy shot, killing him instantly.”
Strahorn faced similar problems before he obtained title to Hailey. Drunken armed
claim jumpers built fences around lots they wanted. When Strahorn’s men pulled them up, the
leader put his gun in Strahorn’s stomach and said he would kill him. Strahorn said he would be
hanged in 5 minutes if he did, and had his finger on the trigger of his own pistol. After 24 hours,
sheriffs from Rocky Bar showed up to disperse the crowd. “This is only a sample of scores of hair-
raising incidents …and danger involved in making the wilderness safe and ready for shelter and
capitalist.” When Strahorn was building irrigation canals for Shoshone, “volleys of rifle shots
whizzed about us from parties concealed in the tall brush nearby,” by those who feared his work
would interfere with their rights, and he had similar problems getting title to the town.

23. Ketchum’s Water Supply
The Frost decision held that in Oct. 1883, H.C. Lewis claimed 200 inches of water from
Trail Creek for the town of Ketchum, and conveyed the water by the Ketchum Canal, a reservoir
and pipeline. This became Ketchum’s water system. This is POD #2 in the WRV. Lewis also
claimed 1,700 inches of water in April 1881 for his own 753 acres of land, (POD #1) and obtained
300 inches of water from Warm Springs Creek in 1888 and 1889.
The Ketchum Water Supply Co. was formed in January 1889, to supply water to
Ketchum, owned by 25 shareholders. Isaac Lewis held 300 shares, and H.C. Lewis and four others
held 200 shares. The company provided water to “most of the original townsite east of the
railroad right-of-way and the south end of the Bigwood area” through wooden pipes. The city of
Ketchum obtained its own water rights later and provided water to areas of the city not served by
the company. Ketchum acquired the Water company in the 1970s, and incorporated it into its
municipal water system. The original well is SW of Dollar Lake near Sun Valley, off Saddle Road &
the Community School road. The city’s water now comes from that well and 5 others that take
water from the Big Wood River aquifer. Storage reservoirs provide 3 million gallons for domestic,
irrigation and fire protection needs.

24. Top, two women on a
canal from Palmer
Lewis collection. This
is likely H.C. Lewis’s
canal from Trail Creek
to his farm.
Bottom, canal over
Big Wood River from
Palmer Lewis
collection. Pictures
from The Community
Library.

25. Top, Ketchum
wellhouse for Lewis’s
original water claim
on Community
School Rd.
Bottom, wooden
pipes from Ketchum’s
original municipal
water system, photos
from Ketchum Public
Works Department.

26. Water For Agriculture & Industrial Uses

27. Many Canals Take Water from the Big Wood R.
Water from the Big & Little Wood Rivers is heavily used for irrigation and
other purposes, and many irrigation ditches and canals were dug over the years for
domestic, agriculture, and industrial uses.
The Big Wood River District 37 includes the Big and Little Wood watersheds
to the Snake River. The portion in the WRV from north of Ketchum to Magic Reservoir,
has 75 Points of Diversion (POD) for canals or ditches taking water from the river.
From Magic Reservoir to the Snake River, there are 43 PODs. The Little Wood River,
from Silver Creek to Gooding, has 96 PODs, with at least another five between
Gooding and the Snake River. Some of these PODs are for major canals that take large
amounts of water from the rivers for large tracts of land. Others are for small ditches
or community ditches that irrigate individual farms or smaller parcels of land.
The PODs are numbered sequentially starting from the north valley. POD #1
is H.C. Lewis’ ditch taking water from Trail Creek leading to his farm. POD #2 is the
ditch that took water to Ketchum for its municipal water supply. POD 5, 6 and 6a take
water from Warm Springs Creek.

28. Left, Map of Big &
Little Wood River
Watershed. Right,
major canals in Wood
River watershed, map
courtesy of the
Nature Conservancy.

29. Left, State of Idaho’s
website lists 27 major
irrigation canals in
Blaine County. Right,
map from the Idaho
Dept. of Water
Resources of major
irrigation canals &
ditches in Wood River
Valley. From the north
are the Comstock Canal,
Mizer Canal, Hiawatha
Canal, Justice Canal,
Cove Canal, Rockwell By-
Pass, Bellevue /District
45 Canal District Canal,
Glendale Canal, By-Pass
Canal, District 45 Canal,
and others.

30. Canals Taking Water from Streams Around Ketchum

31. Points of Diversion
around Ketchum.
Trail Creek. POD #1,
the Lewis canal, took
water to H.C. Lewis’s
farm. POD #2 , Ketchum
canal, took water for
Ketchum’s water supply.
Warm Springs
Creek. #F was likely
the diversion for Charles
Board’s sawmill & farm.
POD 6a was Lewis ditch
for 80 acres & Guyer Hot
Springs. POD #5 is the
Rhodes canal for the old
Philadelphia smelter
site. POD #6 is for the
Farnlun farm west of the
smelter site. POD #10 is
for the Comstock Ditch
at the Big Wood.

32. Industrial Use - Philadelphia Smelter
1882 – Water for Smelter use. The Philadelphia Smelter was built in
1881, at a cost of $500,000, on a 160 acre bench where Warm Springs Creek enters
the Big Wood River. It was expanded in 1882, in anticipation of the arrival of the
railroad. The smelter claimed 2,000 inches of water from Warm Springs Creek to
operate its machinery and dug a ditch from near Guyer Hot Springs to bring water to
the smelter (POD #5 – the Rhodes canal). The smelter became the WRV’s largest
employer and industrial enterprise. In 1887, a float V-shaped flume was built to
replace the ditch, using warm water from Guyer Hot Springs to float logs down to the
smelter.
The company owned a number of local silver mines, and it operated until
1892, when it closed because of the International Silver Depression. The company
also had 40 inches of water rights from the East Fork of the Big Wood River for the
North Star concentrating mill dating to 1888, and water rights from Muldoon Creek for
its smelter at the mining town of Muldoon in the Little Wood River drainage.

33. The Philadelphia
smelter was
located on a 160
acre bench where
Warm Springs
Creek enters the
Big Wood River.
Remnants of the
smelter can be
seen along
Exhibition Blvd.

34. The Philadelphia
Smelter was larger
than all but a handful
of smelters in the
country, and “is the
most complete
smelting works in the
West.” It was the
Valley’s largest
employer, had its
highest payroll, and
was the biggest
enterprise in Idaho
Territory. It made
Ketchum “the most
healthy mining town
on Wood River.”
Elliott, 1884.
Pictures from the
Community Library

35. The Philadelphia
Smelter had 2,000
inches of water rights
from Warm Springs
Creek, built a dam
just below Guyer Hot
Springs, and dug a
ditch to bring water
to the smelter propel
its turbines. In 1887,
a V- shaped flume
was built to replace
the ditch to bring
water and float logs
to the smelter.
Picture from the
Community Library
Flume bring water from Guyer Hot Springs to Philadelphia Smelter.Flume bring water from Guyer Hot Springs to Philadelphia Smelter.

36. Diversion taking
water from Warm
Springs Creek near
the ski lift. This is
likely the old
diversion for
Philadelphia smelter
ditch and flume, now
used for Sun Valley’s
snowmaking.

37. Industrial Use - Guyer Hot Springs Resorts
In 1880, Capt. Guyer & H.C. Lewis filed mining claims covering the hot springs on
Warm Springs Creek just north of the present ski lift, and laid out a townsite, Saratoga. Lewis
built a bar, restaurant house, a 20 x 40 dance floor, and opened a resort on July 4, 1882. It was a
“delightful summer resort” where the “medicinal qualities of the waters have been fully tested
and endorsed by many of our citizens,” and are equal to springs in Germany. “A first class bar” is
stocked with the best brands of liquor and cigars. “Strangers…should not leave without visiting
the springs, one of the greatest luxuries of the country.” The 1883 Alturas Mining Reporter said
Guyer Hot Springs “are among the great healing springs of the world,” with a grand hotel, a large
plunge and swimming for ladies and gentlemen.
The Frost decision said in 1883, H.C. Lewis obtained 200” of water rights from Warm
Springs Creek via a pipe to use in his hot springs resort (POD #6a). The resort was promoted by
the railroad and it attracted locals and wealthy tourists such as Astors & Goulds who came west
by private RR car and visited the resort. In May 1914, a new two-story $25,000 hotel opened
with 18 rooms, a beautiful lobby with fireplace, small cottages on its grounds, a large new
swimming pool, and a turbine to provide lighting. It was “one of the famous hot springs of the
world.” By the late 1920s, it had fallen into disrepair, the owner shut it down, put in a pipe to
bring hot springs water to Ketchum, and opened the Bald Mountain Hot Springs Lodge on main
street with a large swimming pool using hot springs water.

38. Guyer Hot Springs
are located on
Warm Springs
Road just west of
the Warm Springs
ski lift, .5 of a mile
beyond the four
way stop. They
provided
recreational
opportunities since
the early 1880s,
and hot water for
the Philadelphia
Smelter.

39. Left top, Guyer Hot
Springs Resort in 1884.
Left bottom, new hotel
& pool built in 1915.
Left bottom, new Guyer
Hot Springs hotel &
swimming pool, 1915.
Right top, Bald
Mountain Hot Springs
Motel on Ketchum’s
Main Street opened in
1929, (present site of
the new Limelight Hotel)
Bottom right, Bald Mtn
Lodge’s swimming pool
using hot springs water
brought by a pipe
Ketchum.
Pictures courtesy of
Community Library

40. Guyer Hot Springs
diversion & pipe
taking water from
Warm Springs Creek
into Ketchum for the
Bald Mountain Hot
Springs Motel. The
motel closed in the
1990s, but a number
of houses along
Warm Springs Road
are heated by hot
springs water.

41. In 1888, August
Farnlund obtained
280 inches of water
rights from Warm
Springs Creek for his
farm located just
west of the smelter.
Top left, ditch from
creek near west
entrance to old
Warm Springs Golf
course (now dog
park), POD #5. Lower
left, pipes & pump
along dog walk.
Right, abandoned
ditch at east entrance
to dog park.

42. Comstock Canal, POD
#10 on Big Wood R.
east of St. Lukes
Hospital. The canal
crossed HY 75 south
of Gimlet Rd. at
Timber Gulch, and
ends just north of
Greenhorn Gulch Rd.
500 “ of Big Wood
Water rights dating
to 1887, to irrigate
680 acres. Now it
carries only Clear
Creek water.

43. Canals Taking Water from Big Wood R. Near Hailey &
Bellevue Recognized by Frost Court

44. Points of Diversion
from the Wood River
near Hailey, Bellevue,
and areas south of
Bellevue.. Most of
the PODs were in the
valley south of Hailey
since that is where
most of the
agriculture took
place. The Spring Hill
area is on the map’s
left, which had a
number of creeks
and springs where
many of the Valley’s
early farms were
located.

45. Irrigation Canals in
South Big Wood
Valley and Little
Wood Valley. Map
from The Nature
Conservancy.

46. Industrial Uses Near Hailey
1884 – Water for Ice Production. The Purdy ditch diverted 307
inches of water from the Big Wood at POD #25 at the East Fork into the Purdy ditch
and into a pond used for commercial ice production in the winter. The Frost decision
determined he had sufficient water rights to make 2,000 tons of ice. This is near the
Flying Heart Subdivision.
1889 – Water for Electricity. The Idaho Electric Supply Co. claimed
14,000 inches of water from the Big Wood for “power purposes,” brought to the city
by the Hailey Power Flume. Its POD was above the Bullion St. bridge. The company
formed in 1885, to provide electric power to Hailey, replacing the town’s original
power system installed in 1882. The company installed a sophisticated generating
plant designed by the Edison Co. of New York.

47. Industrial Uses Near Bellevue
1907 – Water for Electricity and Milling.
In 1907, Irwin Rockwell, owner of Idaho Consolidated Mines Co. that
operated the Minnie Moore, Relief and Queen of the Hills Mines west of Bellevue,
claimed 50 inches of water from the Big Wood for its new $250,000 concentrating mill
that processed tailings from the mines. The POD was on the west side of the river , ½
mile upstream from the Starr Bridge. The “Rockwell Bypass” (later known as
Kohler ditch #44) took water to the mill located at the head of Galena Gulch, and
delivered water to farms south of Starr Bridge.
The Bellevue Light & Power Co. canal (Tail Race) took water to
the new Rockwell-White power plant ¼ mile from the mill, which supplied power to
the mines and the mill. Its POD was on the east side of the river below Starr Bridge, ¾
of a mile north of Bellevue. The two canals diverted much of the water from the river
north of Bellevue.

48. Idaho Consolidated
Mines Mill, built by
Irwin Rockwell for
$250,000 in 1907 to
process tailings from
the Minnie Moore,
Relief and Queen of
the Hills mines in
Galena Gulch west of
Bellevue. The
Rockwell Bypass
diverted water from
the Big Wood River
to operate the mill.

49. Map on the left
shows the Tail
Race/Kohler
Ditch 44 in green,
going from POD #44
on east side of the
river to its end near
Kirtley St., and the
Rockwell Bypass
in red from POD #39
on the west side of
the river going south.
The map on the right
shows the
Rockwell Bypass
going south past
Bellevue to its end.

50. Some of the Larger Irrigation Canals in WRV
1881 – Seamands Ditch, 5,184 inches of water claimed, POD between Star and
Colorado Gulches, 3 miles north of Bellevue & 2 miles south of Hailey. The ditch went along the
foothills around Bellevue, then south along the divide between Silver Creek and Big Wood River.
1883 – Big Ditch/Riley Ditch/ Hiawathia Ditch, 12,000 of inches of water claimed, POD
#22 4 ½ miles north of Hailey. The ditch went to Hailey then past it to irrigate 3,500 (now 2,355)
acres of land south of town. It was dug by the Idaho & Oregon Land Improvement Co.
1883- Mizer Canal/ditch, POD #20 & #21, north of Big Ditch to irrigate 580 acres.
1883 – Justus Canal, POD #32, south end of Hailey to irrigate 680 acres.
1884 – Brown Brothers Ditch/ Miller & Packard Ditch/Cove Canal, 10,000 inches of
water claimed, POD #33 south of Hailey near the Delta View subdivision. The POD was moved
south when the airport was built. The ditch ran 11 miles on the east side of the WRV to Bellevue,
then along 8th St. through Bellevue south to irrigate 960 acres of land.
1884 – Whitton Ditch/ District Canal #33, 2,000 inches of water claimed, POD #33a,
just below the Brown Brothers Ditch “about a mile south of Hailey,” carried water to areas around
Bellevue owned by the canal owners. The ditch also ran under Bellevue’s streets along along 2nd
St., and the city council had to pressure the owner to maintain the street crossings for many
years.

51. Big Ditch/ Hiawatha
Canal diverted water
from a POD 4 ½ mile
north of Hailey,
taking 6,000 “ of
water to Hailey &
2,355 acres south of
town. The canal
crosses HY 75 north
of Zinc Spur, goes
east of Buttercup Rd.,
& a branch goes west
into Buttercup. The
main canal goes SE
back along HY 75. At
Fox Acres a branch
goes into the Airport,
and the main canal
ends E. of 75 near
the end of the AP.

52. Brown Brothers Ditch/ Millard & Packard Ditch/ Cove Canal
The Brown Bros. claimed 10,000 inches of water in 1884, POD #33 south of Hailey
near the Delta View subdivision. Here is how the water right was described in 1884.
The purpose of said water is claimed and intended to be used for running machinery,
mill use, mining uses, domestic uses, use in business houses, watering stock and for
the purpose of supplying water to inhabitants of Village of Bellevue and is to irrigate
and reclaim lands sterile and desert lying in Wood River Valley along the course of the
ditch by which the same is to be diverted…
The ditch was 26’ wide at its top, 20’ at its bottom, and ran 11 miles through Bellevue
to the Brown’s land to the south. It was completed by June 1884, to irrigate their land below
Bellevue, and “Chinamen began gardening to supply [nearby] mining camps…with vegetables of
corn, cabbage, turnips, rutabagas, parsnips, beans, peas, radishes, lettuce, onions, celery, carrots
and even watermelons and cantaloupes.” Mary Brown McGonical, Spring of Gladness.
Bellevue gave the Browns the right-of-way for their ditch along the east side of town
(8th St)., requiring them to make “good and substantial bridges across their ditch,” to keep them
in repair, and to put in sidewalks. A ditch connected the Brown Bros canal on the NE side of the
city, “and through small open ditches got water to the places needing it in city yards, stores,
shops, homes and the school.” McGonical. Bellevue’s city council had to pressure the ditch’s
owners to maintain the street crossings for many years.

53. Map on left shows
POD #33 for the 11
mile long Brown
Brothers/Cove
Canal south of
Hailey west of
Friedman Airport,
then going south
crossing HY 75.
Map on right
shows the canal
going through
Bellevue, ending
just north of Cove
Ranch.

54. Cove Canal site just
north of Bellevue,
east of Eccles
Ranch. From here,
it went along the
east side of
Bellevue, along 6th
St., up to 8th St.,
then through the
cemetery,
continuing south
to just north of the
Cove Ranch.

55. Kingsbury & Madison Canal/Cahoon Ditch/District 45 Canal
1885 – 4,200 inches of water claimed dating between 1884 – 1891, POD #45
on the west side of Bellevue. The Kingsbury & Madison Canal carried water to irrigate
land south of Bellevue, east of the railroad right-of-way, south to the Baseline Road.
In 1908, the Utah & Idaho Land Improvement Co. was formed and built a
dam west of Bellevue (near the present Howard Preserve) to divert 23,000 inches of
water into the old Kingsbury & Madison ditch, as part of a plan to develop a large
agriculture tract (between 23,000 to 46,000 acres) and a new town south of Bellevue.
The land was to be sold for $60 per acre in 40 to 80 acre lots. After the company was
forfeited in 1924, the canal became known as the District 45 canal.
District 45 Canal splits south of Bellevue with its western branch going south
along HY 75 to the Sun Valley Ranch. The other branch crosses under HY 75 and goes
to Gannett Rd. There it splits again, with one branch going through the Bellevue
Triangle. The eastern branch goes along the east side of Gannett Rd., through Cove
Ranch, then ends just past Gannett. There are over 500 separate water rights that get
water delivered through the District 45 Canal according to IDWR records.

56. Bellevue/
District 45
Ditch.
Left, Bellevue/
District 45 Ditch, POD
west of Bellevue,
going south along HY
75 & into Bellevue
Triangle. Right,
ditch splitting into
multiple channels,
one going down HY
75 where it appears
to join with the By-
Pass Canal, ending on
HY 75 near Sun Valley
Ranch. Other
branches go through
the Bellevue Triangle.

57. Bellevue /
District 45
Ditch.
Several channels go
through the Bellevue
Triangle, one branch
goes along down
Gannett Road to end
near the town of
Gannett.
Google Map

58. Diversion Dam for
Bellevue Canal
District 45 Ditch
west of Bellevue,
near the entrance
to the Howard
Preserve. Picture
on the left looks
west toward the
river. Picture on
the right shows the
front of the dam
and the Big Wood
River. Look at the
volume of water in
the river here at
Bellevue.

59. Bellevue Canal/
District 45 Ditch
west of Bellevue,
leading south from
the diversion dam,
along side of the
Howard Preserve.

60. District 45 Ditch
south of Bellevue
crossing Highway 75.
Picture on the left
looks west. Picture
on the right looks
east toward the
Bellevue Triangle and
Gannett Rd.

61. District 45 Ditch
south of Bellevue off
of Gannett Rd. at the
southern boundary
of Neil Campbell’s
farm, south and east
of Bellevue . Pictures
were taken from
Gannett Road.
Picture on the left
looks east. Picture
on the right looks
west.

62. Canals Meet at Campbell Farm South of Bellevue

63. Left, 1939 Metsker map
shows Neil Campbell’s
460 acre farm in
Muldoon Canyon east of
Bellevue. The farm
began at the Ee-Da-Ho
Ranch on the east, went
up Lookout Mtn. and
included two mines and
two mill sites in the
canyon, went west to
the Bellevue cemetery,
and south ¾ a mile
down Gannett Road.
Right, map showing
water rights for farm
from Muldoon Creek
(via the Campbell ditch),
the Whitton Canal and
the Brown Bros. ditch.
The District 45 Ditch was
the south boundary of
the farm.

64. Major Irrigation Canals South of Bellevue

65. Major Irrigation Canals with PODs South of Bellevue
Sharp & Abbott Ditch – diverts 4,000 inches of water dating to 1886, from a slough
1 ½ mile south of Bellevue’s train station.
POD 49 Canal – diverts Big Wood water north of Glendale Bridge at POD # 49 where
Broadford slew enters the Big Wood, irrigating lands west of the river.
Glendale Canal – diverts Big Wood water (1884 water rights) from the river north of
the Glendale Bridge at POD # 50, irrigating 1,560 acres of land west of the river known as Poverty
Flats. There are 59 separate water rights that take water from the Glendale Canal.
By-Pass Canal - diverts Big Wood water from the river north of Glendale Bridge at POD
#55, and irrigates land east of the river south to Sun Valley Ranch. The river is completely
diverted from mid-summer to early spring flooding. A number of smaller ditches take water from
this canal.
Cain & Powers Ditch –diverts 5,000 inches of Big Wood water dating to 1883, 3 miles
south of Bellevue.
Brown Bros. Ditch – diverts 1,495 inches of Big Wood water (water rights dating
between 1882 – 1903) to the Spring of Gladness Ranch through a 3 mile long canal dug by hand
by John Brown.

66. By-Pass Canal –
takes water from
the river north of
Glendale Bridge
at POD #54 and
irrigates land
east of the river.
There are 7 PODs
from the Bypass
for smaller
ditches. The river
runs dry from
mid-summer to
early spring
flooding below
this diversion.

67. Map showing By-Pass
from its POD #54 north
of the Glendale Bridge,
running south along HY
75, where it appears to
merge with the District
45 Canal, ending just
above Sun Valley Ranch
where it goes west to
near the Big Wood River.
Another branch goes
east into the Bellevue
Triangle.
Google map

68. Big Wood River south
of the By-Pass and
Glendale canal PODs
is empty during
summer because of
the amount of water
diverted. Left, Big
Wood River at
Glendale Bridge
looking north. Right,
Big Wood River at
Glendale Bridge
looking. July 2016.

69. By-Pass Canal at
Glendale Bridge
full of water,
looking south 50’
east of Big Wood
River. July 2016

70. The green is POD
49 canal that
diverts water from
the Big Wood River
north of Glendale
Road at POD #49.
The red is the
Glendale Canal at
POD #50 north of
Glendale Road,
taking water into
area known as
Poverty Flats east
of the Big Wood
River.
Google map

71. These are pictures of
Glendale Canal near
the Glendale Bridge
looking north on
right and south on
left, west of the Big
Wood River. July
2016.

72. The Spring Hill area of
the Bellevue Triangle
was where the first food
was grown for the WRV
because of its good
water sources. The maps
show the Spring Hill area
around the junction of
Highways 75 and 20.
Crystal, Spring, Fawn,
Scorpion, Bullion Creeks
& Black’s Slough are
some of the water
sources. The colored
areas on the left hand
map shows the old
Cheney ranch (author’s
relatives).
.

73. Primary Canals Outside WRV in Big & Little Wood R.
43 PODs from Magic Reservoir to the Snake R.
Water Rights Recognized in 1909 Frost Decision

74. Canals Outside of the WRV in Big & Little Wood R.
1882 – Domestic Water for Shoshone . 60 inches of water from the Little
Wood R. was claimed for the Village of Shoshone for domestic purposes, which become its
municipal water supply. The Idaho & Oregon Land Improvement Co. a dug canal to supply the
water to the village.
1891 – Mullins Canal & Reservoir Co., claimed 750 inches of Big Wood water to
irrigate land around Shoshone.
1893 – Little Wood Canal Co., claimed 1,600 inches in 1893, and 8,400 inches of
of Little Wood river water in 1899, to irrigate land in Marley and Northern Shoshone in the Little
Wood Valley. A diversion dam was built, the Cottonwood Canal Dam, and a canal dug through
the Cottonwood Slough.
1899 – Big Wood Cottonwood Canal Co., claimed 9,600 inches of Big Wood
water to transfer to the Little Wood River to irrigate land in the Little Wood Valley, owned by its
34 shareholders, which included Matt McFall, the Gooding family and others.
1903 – Shoshone Power & Light Co., claimed 3,000 inches of Little Wood water
for “power purposes,” to provide the town of Shoshone with water and power.

75. Irrigation on Matt
McFall’s farm outside
of Shoshone. The
Frost case of 1909
confirmed that the
farm has 240” of
water rights in the
Little Wood River and
shares in the Big
Cottonwood
Canal Co. Pictures
show John Lundin
and his McFall
(Starlin) relatives.
John Lundin, Little Wood River, and barnJohn Lundin, Little Wood River, and barn

76. Campbell Farm in Little Wood Basin
Small Irrigation Project Done by One Family

77. In the early 1900s, Neil
Campbell and his sons
homesteaded land in
the Little Wood basin,
built Campbell dam &
reservoir, and dug a
canal five miles long
around the hills to reach
their homestead, where
the Little Wood
Reservoir (built in 1941)
is now located. The area
is still known as
Campbell Flats. The
ranch is now part of the
Peavey’s Flat Top ranch,
or below the Little
Wood Reservoir.

78. Pictures on top show
Rigoberto Campbell
at the Campbell dam
& reservoir in the
Little Wood basin,
and the Lake Hills
headland around
which the 5 + mile
ditch ran. Pictures on
the bottom show
Steve Lundin by the
old ditch, and the
John Peavy and Steve
Lundin at the building
foundation on the
Campbell homestead
at Campbell Flats.
This is all now a part
of the Peavey’s Flat
Top ranch.

79. Frost et. al. v. Alturas Water Co. et. al.
1909 Lawsuit that determined the water rights for the entire
Malad River System (Big & Little Wood Rivers, Silver Creek, and
their tributaries)

80. Malad River
System.
The Big & Little Wood
Rivers come together
west of Gooding to
form the Malad River
before entering into
the Snake River.

81. Frost Decision of 1909
By the early 1900s, water rights in the Big & Little Wood Rivers and their tributaries
(the Malad River System) exceeded the capacity of the water sources. Questions had arisen over
when water rights vested, how many inches of water claimants actually owned, etc. Much of the
water was taken out of the rivers upstream, and holders of water rights downstream near
Shoshone were regularly denied the use of the water to which they were entitled.
In 1905, 20 downstream holders of water rights filed a lawsuit in Lincoln County in
Shoshone against 700 + upstream water appropriators, asking the court to determine the water
rights of each appropriator and their priority. The case was known as Frost et. al. v. Alturas Water
Co. et. al. The plaintiffs alleged that every upstream appropriator was taking water that
belonged to them. This was a river system wide law suit that took years to resolve.
A Referee was appointed to take testimony in the case, which started in October 1907.
Testimony was heard for every claimed water right from the claimant, witnesses to the water use,
and others with knowledge of the claim. The records of the case are extensive and can be found
at the Community Library, including transcripts of the testimony given, in records from the Ensign
Law Firm of Hailey.
The Referee looked into each water claim, the size of the ditch used for the
appropriation, whether the claimed water was actually appropriated, whether water rights had
been abandoned, and related issues.

82. Frost Decree & Findings
The Frost Court made Findings of Fact and Conclusions of Law along with a Decree of
Water Rights. For each claimant, findings were made about the amount, date of claim, and
source of water. Decisions made in earlier court cases were incorporated. Water rights were
measured by “inches,” and 50 inches were the equivalent to a flow of one cubic foot per second,
as prescribed by Idaho law.
The court reduced registered water claims if it found that the claimed amount was not
actually appropriated or used. The 12,000 inches of water rights claimed by the Idaho & Oregon
Land Improvement Co. for water for Hailey and surrounding areas was reduced to 6,000 inches,
based on the amount actually diverted. Most of the claims involved water for irrigation, although
municipal and industrial uses were also included.
The municipal water systems for Ketchum, Hailey and Shoshone were covered by the
decree, although not for Bellevue as those issues had been resolved in prior litigation. Water
rights of canal companies, water companies and irrigation companies were determined. Water
rights for industrial users such as power/electricity companies, Mining/Milling companies,
sawmills, ice ponds, etc. were resolved. Special rules for water rights in dry streams were
adopted.
When there is a shortage of water, water rights for mining get cut off first, then
agricultural water rights, then municipal water rights.

83. Decree in Frost v.
Alturas Water Co.,
Dec. 17, 1909, filed in
Lincoln and Blaine
Counties, pages 1 &
2.

84. Findings and
Conclusions in Frost
v. Alturas Water Co.,
1909, filed in Lincoln
and Blaine Counties,
pages 1 & 2. The
legal description of
claimant’s land was
included, along with
his water rights, date
established, and the
source of the water.
The decision
determined water
rights for much of the
20th century.

85. Idaho Department of Water Resources – Created in 1974
Greater State Involvement in Water Regulation

86. Distributing water
among appropriators is
an “essential
government function.”
“The Director has
control of the
distribution of water
from all natural sources
in water districts.” Map
of Water Districts in and
around Big Wood River
Valley (District 37),
composed of the Big &
Little Wood River rivers
excluding Camas Creek,
Fish Creek, Clover Creek,
and Upper Little Wood
drainages. District 37’s
watermaster is
headquartered in
Shoshone, and controls
the distribution of water
in the district.

87. Snake River Basin Adjudication
In 1987, Idaho began the Snake River Basin Adjudication (SRBA) to determine the
quantity, priority date, and source of every water right in the entire Snake River Basin. This is a
judicial process required by the Swan Falls Agreement of 1984, between Idaho Power and the
State of Idaho, to establish minimum water flows to protect hydroelectric generation. This ended
decades of litigation between the power company, the state, and Upper Snake River basin
irrigators over the utility’s water rights in the Snake River Basin, which includes 87% of Idaho. $60
million had been spent in the process through the end of 2014.
In 2004, Idaho and the Nez Perce tribe settled the tribe’s water rights in the Snake
River, established by the 1855 Treaty which granted fishing rights on lands granted to the U.S.
The tribe has 50,000 acre feet a year from the Clearwater River, and water rights on all federal
lands that were once tribal land. The tribe waived all water claims on state or private lands. A
$50 million trust fund was established to improve fish habitat and develop water resources. The
state obtained authority to establish minimum water flows for 174 rivers and streams that are
important for fisheries in the Clearwater and Salmon River basins.
The state is divided into 43 basins for water management. By 2015, Over 158,561
decrees re water rights had been issued. in 2015, a Unified Decree was signed signaling the
completion of all but 50 disputed water right claims filed.

88. Part II
Reclamation Act of 1902
Making the Desert Bloom
Come Back in August