The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-25

The decree in the water case of
Thomas J. Parker against Martin
Mahnken, the Gold Belt Water com
pany of Mercur and 10 other defend
ants was yesterday signed by Judge
Cherry.
The litigation arose over the waters
of Ophir creek, all the parties to the
action claiming an interest in the
same.
1t is adjudged that the Gold Belt
Water company is the owner OF the
first right to the water to the extent OF
eight miners inches, under a siX-inch
pressure. equal to flow of 100 gallons
per minute. to be taken out and di
Verted by it at its present pump house
above Ophir City, so long as it COM
plies with certain conditions, providing
that it carry all the waters of the
stream through its pipe line, except in
high water seasons.
The Utah Gem Mining company is
found to be entitled to all the waters
of the creek at its mill, situated upon
the creek one mile and half above
the town of Ophir, for power purposes,
and to the prior use of so much of the
water as is required in the reduction
of ores at the mill to the same extent
as it has hitherto used said water, pro-
viding that the quality of the water is
not deteriorated thereby.
The Ophir Hill Mining & COncentrat-
ing company is found TO be entitled to
the use Of the stream near its bed for
milling purposes, on condition that 1t
returns the same undiminished guam
tity and undeteriorated quality to the
stream
1t is further adjudged that the plain
tiff, Thomas J. Parker, is entitled to
the primary water rights. as tenant in
common with others. to 24.35 parts, the
whole being divided into lS2 parts;
Elijah L2rkin is entitled to PA parts,
Edward Dalton to 2.75 parts, Margaret
Bates to 45.5 parts, De Lamar's Mer-
cur Mines company to 20 parts, Martin
Mahnken and Eliza Jane Mahnken to
$50 parts, and A. S. Lineback to 612
parts.
OF the above it is found that the par
ties above named are entitled to the
use of q of a miners inch of their pro-
portion under a siX-inch pressure, for
every acre of land they have hitherto
irrigated, and they may use one-half of
their proportion for mechanical pur-
poses, the same to be turned back into
the stream.
It is further decreed that after the
above named parties have had their
proportions, as stated. the remainder of
the stream shall be divided among the
rights: Thomas Parker, sufficient TO ir-
rigate so acres at the rate of 81 of a
miners inca per are; George Eates and
Orrin Bates. sufficient to irrigate IS
acres at the same rate; The Utah Gem
Mining company, sufficient to irrigate
three acres at the same rate; Martin
Mahnken sufficient to irrigate 40 acres
at the same rate.
If there be any more water in the
stream after the above named parties
are supplied. as stated, the said bal
ance is to be divided among those en-
titled to third-class rights, as follows:
Samuel Johnson, enough to irrigate six
acres at the rate of p of a miners inch
per acre Martin Mahnken, enough to
irrigate 81 acres at the same rate.
In case there is not sufficient water
to supply all of the rights of each OF
the parties. the water shall be divided
propOrtionately. but those owning third
class rights shall not receive any until
those owning first and second class
rights have been fully satisfied, and
those owning second class rights shall
not receive any until those owning
first class rights have had their full
quota.
The water necessary for domestic
purposes takes priority over that for
irrigation purposes. and if the parties
cannot agree among themselves as to
the amounts for domestic purposes, the
court may appoint 2 watermaster to
appOrtion it. 1t is found that a water
master is necessary to make the gen
eTal appointments, and if the parties
cannot agree among themselves, the
court, on application Of any one of
them. will appoint 4 WatermaSter.