The Dispatch. [volume] (Provo City, Utah) 1891-1895, 1891-07-22
Those Water Cases

EDITOR DIsPATCHl-The readers of
this paper have noticed that Water
master Scott had S. p. Eggertson, Sr.,
arrested; first, for placing distractions
In a ditch, causing the street to be
flooded; second. for diverting the water
contrary 20 regulations. The facts are
these: About two, three and four years
ago. Mr.. Scott flooded from three to
five acres of Mr. Eggertson's land a
number OF times on account of a dis
pute where a certain fence should be.
rms fence had been placed there by
Whlpple. and kept there by Ed Carter,
and When Eggertson bought the land
the fence bad stood there some ten
years. MIR. Scott claimed the fence to
be on his land, but at the same time re-
fused to help pay for having the same
surveyed. lie believed and said he was
as well able to say where the line
should be as the surveyor. Mr.. Eggert-
son lid not believe such nonsense. The
result was Mr.. Scott endeavOred by ar
gument, abuse and flooding. etc., 10
whip him to his ideas, but Mr.. Eggert-
son allowed the matter to go by arbi-
tration.
Ayear ago Mr.. Eggertson, who is 50
years OF age, employed a man to
water his alfalfa land, handing
him water certificate to water by.
The man commenced watering at ten
O'Clock, and continued all night. In
the morning a dispute arose between
this man and the owner OF the adioin-
ing land. Each one declared he was
entitled to the water according to GER
TItIpata This r,aif,i,1NC e.,
Deputy WatermaSter Scott and
asked him to settle the matter.
Mr.. Eggertson, without knowing any
thing about the dispute, was arrested
and arraIgned before Justice Noon.
Witnesses We're sworn and questioned
and certificates produced. The Judge
finding the certificate called for the
wafer, at the same time dismissed the
case.
Friday, July 10, Watermaster Scott
again displayed his authority. Eggert-
son had cut some peach limbs which
were leaning far over the ditch from
Frank Peay's side. No one could pass
along the ditch on either side. The
wheat owned by Eggertson could not
we'll be watered without removing the
peach limbs, which were also damag-
ing the grain. The limbs were cut and
carefully laid along the ditch bank, and
IN some places, where the ditch had
become about six feet wide, instead of
two, the limbs were fastened against the
side OF the bank to prevent further
washing. During the night after
eight O'Clock, a flood came in that
dutch, or some evil spirit caused a por-
ton OF the brush to swim down the
ditch and lodge in a certain place. The
result was Eggertson' wheat, where it
mad been watered, was flooded and
damaged, The street was also watered
but no damage otherwise. The water
master jumped at this opportunity to
swear out complaint for Eggertson s
arrest. The judge, however, only saw
fit to ask that the cost be paid by de
tendant.
Ia the second case Mr.. Eggertson had
nine acres of wheat to water. There
was so little water in the ditch that
only a small portion of the wheat could
be watered in his time. He, therefore,
arranged with his neighbors to use
their water right. 1t happened, how
ever, that one person out of four was
not seen. This person was entitled to
the water; but before the WatermaSter
knew it Mr.. Eggertson had seen the
person twice and made everything sat
isfactory. Mr.. Scott had considerable
difficulty in managing this case. No one
WAS injured and no one would complain
so Mr.. Watermaster determined again
to swear out the complaint and have
the city prosecute the case.
Further, while Mr.. Eggertson was
using the water of others by arrange
ment tor which he has written author
ity, Mr.. Scott tears up the dam and
says men have no right to allow other
to use their water. This case will soon
come up. Other watermasters have
found Mr.. Eggertsor ready and willing
TO comply with regulations, pay taxes,
and help in other ways to improve and
build up the irrigation system as well
as other improvements.
S p EGGERTsON, Jr.