The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-11-10
In THE LAND OFFICE
Approval of the Land Company's Reser-
voir-Filings


In the land office yesterday a letter
was received from the commissioner
transmitting the decision of the secre-
tary of the interior in the matter of
the bennington Land and Water COM
pany's reservoir covering portions of
townships II, IS and 10 south, range 1
east, with perimeter of SO7S miles
and an area of $3.50 square miles, or
IL, 104 acres
The decision states that the articles
of Incorporation, certificate of organi-
cation and other necessary papers were
approved and placed on file some time
ago. The map submitted at the same
time was returned without approval,
because it appeared that if the reser-
voir were constructed it would sub
merge a part of the right of way of the
Oregon Short Line and would also
flow water on part Of the township of
Fayette, which facts appeared on the
records
An affidavit was filed, however,
which showed that the railway COM
pany had changed it's line of road so
that it would not be interfered with,
and this was not disputed by the COM
pany- AS to Fayette, the probate judge
of Sanpete county entered formal
protest in behalf of the inhabitants of
that town against the approval of the
map. which protest was also signed by
twenty-five persons. Substantially the
same persons protested on behalf of
the town of Dover. which lies in the
foothills of the mountains a short dis
lance northwest of Fayette.
From the statement of the probate
judge, however. it appeared that Dover
is not town of record, but is a mere
settlement, and there is on file a paper
signed by fifteen persons who claim to
be bona fide residents and tax pay
ers of the settlement of Dover in San
pete county," who deny the right of
the Fayette people to enter a protest
for them They wish the reservoir
constructed and say they regard the
action of the persons who protest for
them as an injustice to them
The secretary holds that the protest
OF the Fayette people is disposed of by
change in the proposed boundary:
and that in behalf of the people of
Dover by the fact that a reservoir
cannot overflow the land of an entry
man without his consent
AS to the point as to whether the
company has the right to dam the Sc
vler river in constructing and main
tanning this reservoir the case is dis
tinguished from that of the Penasco
reservoir case although the evidence
that the Sewer river is merely a dry
bed at the season when water is need
ed most was not very full and com
plete, consisting of affidavits showing
that from about the 1st of June or Ju-
ly each year there is no water flowing.
Under that showing, the secretary de-
cides that to dam the river and hold
the water that flows in the spring in
storstore for irrigation purposes. when
it will be valuable, can certainly work
no injury to the surrounding country.
AS all the requirements of the law
have been complied with and the survey
seems to have been made with care,
the map was approved subject to all
existing valid rights
Andrew r. Murray, of Jensen. Piute
county, filed final proof on his home
stead application for lot A. and the
southwest quarter of the northwest
quarter of section g. and lot l. and the
southeast quarter of the northeast
quarter of section f. Township 5 south.
range % east
Edward Tanner of Fremont, WAYNE
county. filed final proof on his home
stead application for the east half of
the northeast quarter of section 80.
the southwest quarter of the southwest
quarter of section 20 and the north
west quarter of the northwest quarter
of section 29, township q south, range
east.