Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-09-10
THB BIG WATER SUIT.
V,ouGht in the First District Court
Against Salt Lake City.
THE PLAINTIFFS CLAIM $4,000
DAMAGES.
Their Property Said 10 Have Been
Rendered yalueless.

n,,rlet court against Salt Lake City.
The com plant is AN important one
and 1. herewith presented In full'
=. hs Third District Court Of the First
!" jndlcini District, Utah Territory.
H. Alfred, u. n. Alfred and 4. II.
,ii,ei' Dr., plaintiffs, Va. Salt Lake City,
q municipal corporation, defendant.
rhe plalntiI. complain and allogci
ii,., THAI the said defendant II
,,nuicipal corporation. organized and *.
i.,in,, and doing business ~ such under
mi nnrsuant TO the laws OF Utah Terri
'ss,,opd-That the said plaintiffs arc,
and for many years last past have been
~ owners, In Tee, and In the possession
VA oc,unincv. aud entitled TO the free
,,so and enjoyment NJ, tho following de-
s.ribed Land. situate In Utah county.
49,, Territory, aud within the iurisdic-
,i,y IN this court, to-wit; The southwest
',nar,cr II the northwest quarter, the
,erthWest quarter Of the southwest
n,arior. and the lots numbered aud ;,
" section ~. township south, range
west Of salt Lake meridian, In utNh Tor.
,itory, containing 100 acres and hl'lul ~
~ acre, together with the Joint use, right
ami ownership Of the watcr horuinnitcr
'Tbiri THAT Tor a long timc past,
,gberepf tho memory Of man runneth not
a the contrary, therr WIS aud always
bas boon up 10 the timc oi the injuries
md wrongs hereinafter complained Of, a
well.donno1, definite. permanent and
regular lowing Underground stream,
channel, current and wator-cOurso,w which
sa,nr 10 tho surface nj point on plaintin.
land which enabled them to lrrirntu aud
reclaim the SAME from H. former desert
condition, and 20 mako u productive aud
prodtahlo Tor agricultural purposes.
Fourth-1hai during the years 1870
and ISL tho said PLAINTIFF and their
prrutors aud predecessors la Interest,
entered upon tho said land and appfupri'
a,od Ill tho water Aforesaid. which was
amply sufficient Tor the irrigation nnd
rniiIyatlou of the whole ~ said land, and
by the use OF reservoirs and bitches the
whole ~ said water was appropriated
and usod by these plaintiff, jointly for
fine usns and purposes aforesaid aud the
riaintiu. allcap that In reliance upon the
~ II said water aud being prior In point
oftime 10 the defendant or any other
person. made many large and valuable
improvements by erecting houses, cor,
t,is sheds, stables uuthuildings aud
constructed ditchcs, reservoirs and pond.
IN .ho reception OF said water aud
IN tho convenient cultivation aud
hfirntion Of said land, aud fol
fhs further purpose Of cultlvNiug and
Producing hsh, stock rn,sing, and
poughei, cultivated aud broke mp and
seeded tho same In fields Of grain, %
iaioos, lucurnc, grasses. orchards
gardens, trees, flowers and shtubhcri
OF various kinds and qualitie.,an1 many
other agricultural products which ARE
commonly produced la this Territory
nil Of which said improvements aud thu
products II said land were Of great valu.
aud profit ~ thcso plaintiffs, and the safe
plaintiffs further alloge that the saif
Underground current, stream channe
aud watercoursc Nas, and IL, the only
source from which said plaintiffs coull
obtain water for the purposes aforesaid
and their said land Il valuelc,- for any
purpose without tho uso OF said water
and will not produce any agricultural
uroluc.s Whatever and the said PLAIN
tlffs alleRc that for more than hroni
wear. last past, they have had the quloi
prior, open, continuous, notorious. Hn'
Uninterrupted use OF the water Of salt
underground stream, current, chnnng
aud intercourse, for the purposes an
uses aforesaid. up Ia tho dlos Of ia
wrongful interference by tho dolondnnt
hereinafter alleged.
Fith-Thnl continuously during Ia
months OF July. August and september
A. ID. 1850, the said defendant by It's sorN
ants, agents aud employee, aud ulhor
acting Ia it, behalf. wrlngfully, know
ingly aud In violation Of tho rights
plaintiffs, and disrcgarding tho salu'
entered upon the lands Immediately nu
Joining tho plaintiff, lands, aud undo
aud through which said undorgroun
stream, current, channel aud wutur-rnur-
had heretofore hahilually flowed, aud b
the use Of drills, hammers, nugors, driN
aud water pipos, drove, sunk, drilled an
bored through the surface ~ said adlOif
ing land, into and upon said undel
ground stream, current, channel an
waier-opnrse thereby producing lara
number OF lowing wells thefuirnn
which diverted aud carried away iroi
kaid underground current, stream, char
mel and wAtor.cDurso all the water while
had heretofore boon used by tho plaintiff
A. aforesaid, iusomuch that all the whoa
orchards, lurofnu oats and other vosciu
ton growing on PLANTING lands, Wof
totally withorod, lost aud destroye'
and the ponds ana iesortol
dried up, and by reason thereof larg
and valuable quantities OF fish thereto
fore existing therein, persisted and die
and were lost and destroyed, and durii
all tho tlm0 since said slcfcndnnt by snl
wrongful acts, has continued wrongful
by the means aforesaid, TO divert sa
water from the plaintiffs. and thereby d
pnyo thom Of the use Of the same, 40
every part thereof, which has rendcrt
the land. Of plaintiffs wholly unit {
hablt,ton, and valuoloSs for any agricu
tual purpose whitoyeri and by rpasu
thereof the PLAINTIFF, who had thoroloio
been residing ou said land with the
families, have thereby boon forced
abandon the same, aud cease the Guilty.
Hon thereof aud remove lhorolromi
their gTent and irreparablo damage
Slxth-ifhe plaintiffs further allcgo, ,
Information aud belief, that the said q
fendant has 50 perforated the oarih wi
wells and holes driven and bored In
tald underground water, rs aloresal
through which thp water OF said strCa
continually ilows,and istheroby divert
away from these plaintiffs, that II N II
Practicable TO restore said water to
natural channel, and from thsnoe To {
plaintiffs lnnd, rs In itH former state,
that the same can again he used with pl
III for tho irrigation and cultivation
tho soil, and the plaintiffs arc Inform
and believe that, by tho wrongful acts
laid defendant aforesaid, said water
lost 10 tho use Of tho plaintiffs peru
nenily and forever by reason whereof I
plaintiffs haNo suffered damage In q
tuln OF 10000.
seventll-1he plaintiffs further ale
that they have suffered damage by reas
OF tue loss Of crops and hsh during I
years 1859, 1880 aud 1871, Us Aforesaid,
The sum Of 5000,
Wherefore, tho PLAINTIFF pray iud
ment against tho said detondanu
flrst--Ihat upon the hearing 10 sh'
cause why q temporary injunction -hnu
not be granted az In the Judgment OF
court said water eau be restored TO
natural channel by means OF hlling
and stopping said wells, u mandatory
l..