The Price of Water: A Test Case for Irrigation Liens

W. J. Kincaid and E. J. O’Larey were in Prosser Wednesday as witnesses in the case of the White Bluffs Water company vs Mary K. Shahan, et al. This is a case for the collection of back maintenance and is especially interesting because it is the first of several like cases to be tried. The defendant, Mary E. Shahan, received a warranty deed to her land from the White Bluffs Land Irrigation company subsequent to the settlement between that company and the land holders under the project in May, 1912, whereby the latter became the stockholders of the White Bluffs Water company. The land was sold by the original purchaser to her son, who now claims to be the owner and an innocent third party purchaser. The defendants contended that the description and extent of the water right, particularly as to the maintenance being a lien on the land, was too vague in the deed. Plaintiffs contended that the obligations placed on them by the water stock held by the defendant compelled them to deliver water, and thus the land should pay its proportionate share. The court took the case under advisement and will render a decision in about three weeks.