The Farm Investment Company v. Carpenter

Summary

The court upheld the statutory system authorizing the State Board of Control to determine priorities among appropriators of public waters, concluding that the board exercised administrative and quasi-judicial rather than unconstitutional judicial power. It held that the statute applied to preexisting as well as later appropriations, that publication combined with registered-mail notice satisfied due process, and that a nonparticipating claimant was not barred when the board never considered or determined the claimant's rights. The court declined to decide whether the pleaded defense was sufficient, leaving that issue to the district court.