The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-11-09


ers came TO a decision yesterday, after
a lengthy session. on the protests filed
against the application of the Lake
Bonneville Water & Power company
for tracts of land in Willard and Juab
counties. The findings of the special
committee of the board, consisting of
j. 7. Hammond Isaac c. Macfarlane,
Thomas D. Rees and Fisher Harris,
amounted to a substantial defeat Of
the White Mountain company and
others who were prosecuting against
the granting of the application. State
Engineer Willard Young, who was as
ISOLATED with the committee, concurred
in the findings of the committee, with
the exception of paragraph i of their
report. The board adopted the COM
mdttee's report without amendment.
The original application Of the White
Mountain company was for lOO95 acres.
OF this, $3.50 acres were in contest be-
tween them and the Lake Bonneville
company, and their application for
this tract was rejected by the board,
and the White Mountain company is
now allowed only 5000 acres.
When the findings we're formally
adopted by the board yesterday, Mr..
Lawson of the White Mountain conf
pany entered 4 protest against them
and asked for stay of two days IL
which 20 formally enter his objections.
This privilege was granted by the
board.
The board decided that Lawson's
proposition for a maintenance tax of
$3.50 per acre was excessive, and he
was asked if ne had a different pro-
posal TO make. Lawson replied that
he was not ready at that time, but
would do so later. Afterwards the
board went into executive session to
decide what the maintenance tax al
lowed by the Lake Bonneville COM
pany should be, but decision had not
been arrived at when the board ad-
jouIned.
The rulings of the committee leave
the Lake Bonneville company total
of $4,000 acres of land. A table en-
bodied in the findings shows the tracts
of land applied for by both companies
and awarded by the board to the Bon
neville company.
THE FINDINGS.
The findings of the committee were
as follows:
Mr.. President: Your committee, to
whom was referred the application of
the Lake Bonneville Water & Power
company. to reclaim 221.143 acres of
land in Willard county, under the
Carey act. together with all protests
filed thereto and also the application
of The White Mountain Reservoir COM
pany 10 reclaim 10,S67 acres Of land in
Willard county, under the Carey act,
beg leave tC report that your COM
mittee proceeded, on the 18th day of
October. to the location of the land
proposed to be irrigated by the White
Mountain company. and carefully eX-
amined. the same and viewed the site
Of their reservoir and heard state
ments of witnesses residing in the
vicinity of the same as to the amount
of water flowing in the source from
which the water is proposed to be con-
Quoted to said reservoir Such exani-
nation occupied the entire day of the
18th of October. On the evening of the
said day your committee heard the
testimony submitted by John Starley,
and others, in support of their pro-
tests against the selection of parts of
sections %, Il, 25 and &c in township
90 south of range west, on which they
claimed 70 have q reservoir. Your
committee also heard evidence sub
United by ]. s. Giles in support of the
protest Of Mr.. D. c. Stafford against
the selection of the $50 acres of land
named in his protest by the Lake
Bonneville Water & Power company.
On the 14th of October your COM
mittee proceeded to examine the lands
contained in the selection lists of the
Lake Bonneville Water & Power COM
pany, and the reservoir site of John
Starley and others, devoting the en-
tire day TO that purpose. On the even
ing of the said day your committee
heard the testimony submitted on the
part of the DeSeret Irrigation COM
pany against the selection, by the Lake
Bonneville Water & Power company
of certain lands named in their pro
test.
On the 18th day of October your
committee continued the examination
of the lands included in the selection
Isis IF the ROnnavi11p NNofor q
Power company and completed such
examination.
On the 18th and 18th of October your
committee examined the proposed sites
for the reservoirs of the Lake Bonne-
vile Water & Power company, where
upon the applicants We're required to
furnish further information and all
matters delegated to your committee
were taken under Amusement pending
the supplying of such further informa-
ton.
On the 2rd day of November your
committee, having received the further
information required, proceeded to con-
slider the matters submitted to it and
after full and careful consideration of
each of such matters. your committee
finds and reports as follows:
l. That John Starley, and others
named in his protest, for number of
years past have stored water in a
reservoir which covers the west half
of section "a, the east half and the
northeast quarter of the northwest
quarter of section %, the south half of
the southeast quarter of section IA.
the northwest quarter of the north
west quarter of section % and the east
half of the northeast quarter of sec
ton 26. ali in township 20 south of
range 8 west; that the water stored in
such reservoir was used by the pro-
testants for the purpose of irrigating
their farms Your committee, there
fore, recommends that the said lands
be stricken from the lists of selection
of the Lake Bonneville Water 6, Power
company.
,. Your committee is of the opinion
that Don c. Stafford did not act in good
faith or with due diligence in his at
tempt to homestead the south half of
the northwest quarter. the northeast
quarter of the northwest quarter and
the northwest quarter of the north
east quarter of section % in township
10 south Of range 5 west and as he
has no water with which to irrieate
said land, he would be under the
necessity of obtaining water from the
Lake Bonneville Water & Power com
pany, for which reason your committee
is of the opinion that it would be in
his interest to procure the said land
under the Carey act: your committee