The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-06-28
ANOTHER WATER CASE.
A Curious Phase of the Trouble
Down South.
To the Editor of THE HERALD.

Tothe Editor of THE HERALD.
1t is well known by all the settlers on
the Cahoon and Maxfeld water ditch,
that "all" the water due that ditch from
Little Cottonwood Creek, Except dur
ing the season of high water, June and
JULY was appropriated" needed and
used for the lands taken up prior to the
year 1857, about l,0OU acres.
Since this first appropriation of
water. there has been taken up on the
ditch (by enlarging t),nearly 600 acres
more. entirely on the strength of the
surplus water running To waste during
the months of June and July. always
by and with the express under. tanning.
that settlement, Tor any amount of
work on the ditch) did not entitle a
person to any part of the water pre-
viously appropriated, and running in
the ditch before he came.
Unfortunately for the first settlers,
their lands lay mostly at the foot of the
ditch, below the later settlers, making it
difficult and constant source of an
to get their water past the later
settlers. Some FIVE years ago, suit was
broughc by some of the late settlers
against the head water master, (by in
juRction) while in the legitimate dis
charge of his duty, dividing the water,
they claiming one-fifth OF all the water
in the Cahoon fork. Judge
Hunter in the District Court, after three
days investigation, raised the injunc
ton. and dismissed the case at the
plaintiff costs, and in return granted a
perpetual injunction against the plain
lifts in favor of defendant, except for
June and July. In each and every year
his was test case decided in favor of
he first appropriations theswater. and
against the subsequent settlers on the
Itch.
Now comes another feature of the
the construction of the rail-
cad and snaelters at Sandy; the owners
# the late water leased small stream
o the railroad and smelters to supply |
heir tanks; not because they had too !
much. or even enough water, but be- |
void lawsuit, for the rent and care of |
bis water they were to receive $25 per
month for ten months in the year
eaving out June and July-the railroad
ompany and smelters claiming a right |
D the surplus water in common with
the- late settlers ON the bitches, oonse-
uently there was no money paid for
lrplus water, and no rent due and
1ming to the late settlers on the ditch.
receiver was elected TO receive that
Ortion coming to the first settlers OH
lie Cahoon and Maxfeld ditch. In the
of other business lat our
alter meetings) it was customary to
AXE appropriations of this money for
lndry purposes. 1t had also been n
shion for all to vote on these appro-
no question being raised as to |,
lie right or propriety of the vote of any
he until certain claims were presented ;
Inch were ignored by the late settlers.
his raised the question: ITO whom
les this rent money belong?" 1t is {
ldent that the rent belonged to who
er owned the late water, T. e., the
ater running during the ten months of .
e year for which rent was paid from :
e 1st OF August to the following 1st OF
ne, but the late settlers insisted that
ey We're all equal owners OF the rent
tn the first settlers. To concede
his" would be conceding to all the
e settlers an equal right to the late
ter, which the first settlers were not
ling to do. This is the controversy.
is the late settlers trying to take away
e rights of the first settlers. It's
staken idea that this water coming
I'm Little Cottonwood to the Cahoon :
d Maxtield ditch belongs to COM =
ny. The ditch is owned in common q
all who have made and enlarged it. 0
cordins to the ndmber of acres each b
e occupies which is, or should be In u
portion TO the amount of labor ex-
nded on the ditch, but the water is e
much a separate and individual b
litter as our land or other property: a
$ not held IN common as the ditch; q
eh man has his separate right to the &
Ter according to the date of his set
ment and appropriation of the water.
a later settler can rob the first then A
Il later settler can rob him. and SO on. a
any one wants his rights respected .
surest way is to respect the rights p p
others. 4
ANDREW CAHooN. b