The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-10-25
SEWER WATER DIVISION.
Basis Upon Which an Irrigation Suit
Was Settled.

Richheld, Oct. 24.-Yesterday, by a
formal decree of the Sixth district
court, with Judge Higgins on the bench,
the big water suit entitled RichheId r.
rigation company VS.. Annabella Irri-
cation company ct al, came to an end
All Of the irrigation companies in the
county north OF the Rocky Ford canal
and drawing water from the Sewer
river, were interested in this suit.
For several years past the irrigation
companies in the valley here have
been growing short Of water, and al
this time the companies that have ca
nails in the Panguitch Circle, Junction
and Marysvale valleys have been TAX
ing more and more of the water from
the river An immense law suit with
them seemed the only way of getting
back the water. But first the companies
hero needed to have their respective
rights decreed. Consequently a little
over three years ago a move was put
on foot to have q friendly suit" and
water conventions" consisting of del
eSates from each company met first
at one TOM and then another. and fin
ally agreed upon the terms of division
They went back to 1878 and taking all
water used as original water, divided it
among the respective companies.
One matter after another delayed the
friendly suit until the Brooklyn and
Annabella Irrigation companies broke
away from 1t. The suit came up last
winter before Judge Higgins with a
whole array OF attorneys engaged on it
for the Il companies involved. One
small company was not represented.
and the whole proceedings were de-
layed
The authorities Of the Mormon church
saw the bad effects that would follow
such a suit and used their influence for
a compromise. Missions we're given
men of influence to work with the var
ious companies for compromise. An
na5ella alone stood out. 1t had the
same amount of water in 1872 that it
has today, and wanted its priority IL
tie 10 be recognized. All efforts to COM
promise met with a refusal at that lit
tie town.
Judge Higgins came down to try the
suit, and it began Friday evening k2st.
but court adjourned early TO allow the
companies to caucus again The Off
GERS Of the Annabella company agreed
TO compromise. went home that even
ing and the people ratified their action.
Yesterday Judge Higgins formally
signed the decree giving to each COM
pany in low water time latter there
were but 101 feet in the river}. percent
/ ages of water thus: Rtchfeld, 351s /;
Joseph, 10; Isaacson, IL; Wells, AZ;
Monroe IS; Elsinore. Z; Brooklyn, II {;
Annahella, 81 /; Wilson. 2; Higgins. p:
Vermillion, all seepage water rising
above its dam and below the Wilson
dam. and the water running directly
into its canal from the meadows and
fields of Richdeld.
Each company is to pay the expenses
il has been to for witnesses. lawyers.
etc. and an assessment in ratio with
the water decreed is to be made to pay
the general court expenses. Each COM
pany's water is 10 be measured at its
present headgate. and engineers are to
be employed to make weir measure
nents to exactly determine the amount
of water that each company had
The effects Of this decree are hard to
foresee. The companies have been pre-
pairing for q fight, but viii now put
! their energies into reservoiring instead.
The suits intended With irrigation com
panies further uD the river are indefi-
nitely postponed.
However, there is sure to come on
another suit or friendly agreement in
stead. The right to high water in the
/ Sewer river has not yet been decreed.
! Many of the companies that have been
/ interested in the decree use partly
/ high water and the Sewer Valley ca
nal uses nothing else The suit just
/ settled does nothing with that, but
leaves it to future settlement.