Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-01-24
OPHR CREEK WATERS.
AND OTHERS IN CAMP FLOYD DISTRICT.
Satisfactory Division Madc-utah Central
Railroad Cnse-Mrs. Edwards on
Triai-Richardson Sentenced.

Judge Cherry rendered an important
decision today in the case of Thomas
j, Parker against Martin Mahnken and
number of others. involving the ques-
ton OF rights to waters in the Camp
Floyd mining district. The court orders
that the waters flowing from ophir
creek be divided between the several
parties interested.
The suit has been hanging fire for
about three years and was submitted
upon findings of facts, and conclusions
of law on Saturday last. The case "
an important and interesting one ana
u brief history of IL is as follows;
About thirty years ago, a Mr.. Bates
located on Ophir creek with his ram
ily and did little farming, the creek
was then named after him, Bates
Creek Subsequently other parties
located on the creek. In the fall OF ~
Mahnken located on tract OF land
near the creek and took out ditch.
he following winter the ROMANS 10,
Gated on the creek. Elijah Larkin and
A. s. Lyneback had located on the
creek prior to Mahnken and Tolman
going there. The parties on the creek
raised considerable grain In 1871 and
In 10 came the dry year and the
parties upon the upper part OF the
stream took all the water and the Toll
mans were left dry. There was no
regulation of the waters OF the creek,
the Tolmans finally had to leave 1t.
sold their land and went to Wyoming.
The plaintiff, Thomas Parker. became
the purchaser of the land of the Toll
mans and commenced suit to quiet title
and for the distribution of the waters.
After the suit was commenced 1t was
ascertaIned that the Inhabitants OF
Mercur did not have SUFFICIENT water
for their domestic uses. The Gold Belt
Water company are entitled to take
eight miners inches across the noun
tain to Mercur through their pipe line
as that saved would otherwise be
wasted. The Utah Gem Mining com
pany is entitled to use the supply OF
the water. The Ophir Hill Mining
company has a right to use the water
for milling purposes provided 1t does
ty or diminish the quantity OF the
water. Then the waters are divided
into three classes, the primary or
first class rights, the second class
rights and the third class rights. The
primary rights are divided into 1872
parts or acres and it is decreed that II
requires 1861 miners inches to lrrlgate
this land. These rights are divided
among the parties as follows
Thoms j. Parker, "a. 80 acres, or 1926
miners inches: De La Mars Mercur
Mines company 90 acres, or 10 miners
inches; Martin Mahnken, 1875 acres, or
81. 625 miners inches; Eliza Jane Mahn-
ken. 10 acres, or IL. rs miners inches;
Elijah Larken, 24.4 acres, or 1873 mi
ner's inches; Edwin Dalton, 2.15 acres,
or 2.51s0 miners inches; A. S. Lyme
back, 6M acres, or AIS miners inches;
Margaret Bates, 45.5 acres, or 34h mi
ner's inches, and 1t Is decreed that q
xv,tn 60 20 e,nIl
per minute.
The water Is to be taken from the
creek near the lands and measured by
the rites ut the point OF diversion.
and each party Is requested to put
In suitable device to measure the wa.
ter and is prohibited from taking wa
ter until that Is done.
II there is more water than is suffi-
Client to supply the first class rights.
then the second-class rights shall be
entitled to 1t In proportion to the num-
ber Of acres as follows: Total num-
Der Of second class acres 121
The plaintiff is entitled to 60 acres,
or 45 miners inches. second-class rates.
George Bates and Orem Bates, is acres.
or 1917 miners inches. Utah Gem
Mining company, acres, or "a miner's
inches. Martin Mahnken, 40 acres, or
20 miners inches, and after the first
and Becond-c class rights are satisfied.
then tho third-class rights are divided
ms follows:
The plaintiff, SO acres, or 26h miners
inches; Samuel Johnson. 6 acres, or
1-3 miners inches. Martin Mahnken,
63 acres. or 46ls miners inches.
The decree further provides that the
parties may elect watermaster. and
III they cannot agree, on application the
court VIII appoint a watermaster for
the parties to regulate the waters. II
was claimed by the plaintiff on the