Court of Appeals for the Ninth Circuit September 5, 1916, No. 2654 (Marsters v. United States)

ROSS, Circuit Judge.

The Boise river is one of the streams of Idaho, the waters of which are used in part for the purpose of irriga*664tion in Ada and Canon counties of that state, and the United States is one of the appropriators, under an application filed by certain citizens and residents of the state with its state engineer for permit to divert and appropriate 5,200 cubic feet per second of