Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-08-05

from Holden, Millnri county, under
date Of August -, to the NEWS
Edior Dcscrei Nrirg
DEAH Siu-G have been o. subscriber to
your valuable paper the last thirty.ivo
years and have asked uuos ions through
~ columns. ! now ttko tho liberty of
asking another, ON which several ~ our
people oi this settlement diilor. The case
u thisi
\ sells to u y city lot. A givo, u r.
warranted decd signed by himself aud
his wiio, transferring the lot with all tho
appuficnancos pertaining thereto,
all and singular. Then a refuses
10 order the secretary OF tlo
irrigation company to transfer
The usual amount Of water 10 said Iof.
Nothing was said In regard to water, or
tho Intention Of A 10 retain said water
Then u presents tho deed with As sig.
nature, and the secretary then transfer.
tho usual amount Of water. Now tho
question In dispute IL, had the -socfetary
tue right To transfer sHid water To n. aud
" not, what course should Is pursue
IN order 10 got tho wator7 liy answering
this you viii confer u favor on M old
subscriber aud many Of our settlement.
ions CuEnmsutDS.
IL the water had been RlisnAtol no ~
the laud by it- title passing to cot.
porstlon anu becoming personal prop.
eFty, then the secretary had no loyal
hight TO act a. stated. but n there
has not been such alienation, then II
was the seoretary's duty 10 make tho
transfer that he did. SIpcb our cores.
pondont falls to give tho necessary Ia.
formsiion on this point, n dlTec y
negative or Affirmative reply cannot be
made 10 his inquiry.
In this Territory tho water right IL
an appurtonance 10 tho land, and oril.
nArily transfer Of real estate Ia u
transfer Of the acquired right to use
water ON II. Hut this water right may
DO Alienatsd through Il transfer
by the appropriations to an incorporated
company, and 1t then becomes per.
sonal property. n tho irrigation COM
pany at Holden lsa corporation under
tho laws Of the Territory, and II II has
acquired ownership Of the wRter fr-m
the prior appropriations sud it, stock.
holdefh hold the water a. shares
VI stock In tho cooperation,
then the secretary oanuot traui.
Ter the stock IN the manner In.
dictated. Hut II the irrigation rom.
psny Is merely a voluntary association
Of the settlers Tor tue distribution Of
water, or II II has not acquired ownrr.
ship Of the water by tho latter's allen
alton from the land In legal form,
then the secretary, or other onloer re.
qultei TO act, could net do otherwise
than transfer the proportion OF water,
upon the deed 70 the land bsing pre-
sgnted In due form.
As to the course tho purchaser Of
land may pursue to get water with land
Ito has bought, II the water right n
personal property, perhaps tho only
way 10 10 specially purchase It. ButiL
W. seems likely might bo tho caoe with
the Holden company, the water is con.
trolled by the irrigation company Tor
the convenience Of tho landholdefs,u nd
not by direction Of stockholders
NJ In a corporation, their evidence OF
title to the land, presented 10 the com.
rNny's otilcets, Is notice to them to
allot to the liant Its proper proportion
Of water. Whether such evidence Is
presented by the former landowner
giving transfer, or by tho new owner
establishing his tile to tho real estate,
IL merely difference VI procedures
that reach the same end.