Swalley Wins Piping Case 2-12-0

On February 12th U.S. District Court Judge Ann Aiken provided a final judgment in case Civ. No. 04-1721-AA, Swalley Irrigation District, Plaintiff, v. Gary Clement Alvis, et al. (about 160 property owners owning property along the Swalley Main Canal area to be piped).

The final judgment refers to the court's opinions of March 1, 2006 (district may pipe), November 16, 2006 (easements effective in Section 16) and March 23, 2007 (dismissal of many of the defendants). These items are available from the federal court document or Swalley will provide them upon request.

This case was filed in the federal court as a declaration, the district asking the question of the court as to whether Swalley has the right to pipe its Main Canal (specifically 5.1 miles in mostly urban areas) under its 1891 federal right-of-way (ROW). The court decided that the district could pipe using it's historical easement as authority. This decision is important to all districts who have similar federal ROWs.