Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-04-09
ARBITRATION OF WtTFR
RIGHTS.

IL THE more thickly settled por-
tons Of this Terrftory-water rights
are increasing rapidly in value, aud
will certainly continue to do so.
There is generally degree Of un-
certainty as 10 the exact limits Of
such a right, and this uncertainty
has in the past been fruitful source
Of neishbofh0oi disputes and litiga-
ton Formerly the mass of the
people entertained religious views
which restrained them from going to
law with each other; and differences
in respect to water rights, and like
misunderstanding, were settled 10y
a system Of arbitration under Church
auspices.
Such an arbitration, as usual,
Iy conducted, was entirely out
side Of any recognition Of law,
and DO force other than a moral one
made it at all binding upon the
parties to it. Hence in many cases
water rights conceded and enjoyed
by such a process, did not possess
such a form and character as to give
them = distinct legal status, and to
enable the possesSors to give legal
conveyance Of them. In many
cases no record of the arbitration
was preserved that would be useful
As evidence in court, and when lands
have been purchased by strangers
who would not be bound by customs
which hal been observed by their
predecessors ia interest, the results
OF the arbitration have been ignored.
We have no advice TO give OF
nature tending to encourage litiga-
ton. On the other hand uniriendly
contests in the courts ought to he
avoided, even at the expense OF any
reasonable sacrifice. But condi-
tons are coming into existence in
many localities which make it ex-
tremely desirable to have the owner
ship and extent OF water rights fixed
by a process which will stand the
1 tests OF law. The owners Of the
waters Of 4 given stream, for exam
pie, often find it necessary, for
mutual protection against inter
lopers, to know how much water
each owns.
There is a process by which
the water owners Of a given stream
or neighborhood may, in a friendly
way, ami with result legally bind
ing upon each of them and his sue
cessors in interest, have the nature
and extent of each water right
definitely fixed and made a
matter of record. This can
be done 10y an arbitration pro-
cedure provided by the laws of the
Territory and laid down in Title TX,
Volume II, page 1913, of the Com
piled Laws OF IsSs. The agreement
to submit the question of each
owners water right TO arbi
tration must he in writing
and must be signed by each. The
document must also embrace the
stipulation that it may be entered as
an order of court, and it must be
filed with the clerk Of the proper
district court. OF course the names
Of the arbitrator agreed upon must
be given, and the matter left to
them to be determined should be
distinctly set forth in the written
submission.
The findings Of the arbitrators
must be reduced to writing and
signed by at least a majority of
them, and flied with the clerk of the
district court Upon complying
with the procedure provided in the
statute, the award of the arbitratOrs
has the effect Of a Judgment or de-
cree. In this manner water own
eas, DESTROYS Of having their rights
defined legally, and put in such
shape that they can be sold as other
property, yet who desire to avoid
litigation, may accomplish the re.
suit wished for without great ex-
fense or any illfeeling.