The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-05-09
(sneciaI Correspondence,

Especial Correspondence.)
| Provo. May S.-Judge Dusenberry has
signed the decree in the great Wasatch
county irrigation case heard before him
| in Heber last August. This case was
perhaps the largest ever entered upon
! the calendar of the Fourth district. There
! were between 5000 and 5000 parties inter
estated in the suit and the trial lasted
| two weeks. The case was brought to
| quiet the title of every party in Provo
| valley that claimed an interest in the
waters of Provo river. 1t seems that the
people living above Heber and nearer the
head of the river were in the habit OF
ing low water as they We're during the
period of high water, thus making the
stream insufficient to meet the wants of
those living in the valley-hence the suit.
The plaintiffs in the case were the
| Wasatch, Charleston. North Field and
Lake Creek Irrigation companies and
Wasatch county Heber school district.
Heber town corporation, the Wasatch
stake of the Church of Latter-day Saints
and fifty-one individuals; defendants were
Edward Fulton, the Sunrise, South
Kamas. Washington and Midway 1rriga-
ton companies, and seventy-eight indi-
viduals.
Plaintiffs for several years past have
been diverting the portions OF the waters
of Provo river to which they were en-
titled at one point on the river about five
miles north of Heber and by means. of
waters claimed and used by these plain
tiffs have been conducted and distributed
to the bitches leading to the lands of
plaintiffs.
In the year 1855 all of the waters of
Provo river at and above the plaintiffs
canal. in the normal flow thereof, were
appropriated and used by the parties TO
this action who had at and prior TO that
time diverted and used the same.
Since 1885 divers persons, defendants
hereto, have diverted and used portions
n
normal flow thereof, upon lands brought
into cultivation since 1885, to the injury
of plaintiffs.
A cubic foot of water per second for
each sixty acres is necessary to properly
irrigate the lands irrigated by the plain
tiffs, the Wasatch and Charleston Irriga-
ton companies and the lands of the de-
PENDANTS, the South Kamas and Wash
ingtOn Irrigation companies and Edward
Fulton; Emil H.; sackerSon a. s. Potts
Peterson and Ernest White
By stipulation, the defendant. the Sun
rise Irrigation company, is awarded four
Cd second feet of the waters of said river
during the normal flow thereof. and the
Midway Irrigation company five and one
half second feet, above the head of plain
tins canal, so long as ar equivalent or
greater amount of water flows into said
river from what is known as the Ontario
drain tunnel.
each seventy acres is necessary to suf-
ficiently irrigate all the other lands of the
plaintiffs and defendants not heretofore
mentioned.
The following is a synopsis of the de-
cree: 1t is decreed that all the water
of Provo river and its tributaries at and
above the head of the plaintiffs canal, !
known as the Wasatch canal. except in
the extraordinary seasons of high water,
when there is more water in the said
river than the aggregate quantity dis
tributed herein, be awarded to and dis
tributed among the following classes of
persons:
mon a quantity of water aggregating /
eighty-three cubic feet per second; TO the !
defendants, the South kamas company. |
sixteen and two-thirds cubic feet per |
second and to the rest of the defendants |
belonging to the first-class, eighteen and |
one-half cubic feet per second divided |
among them proDortionately.
Second Class.-When the waters of this |
river exceed in volume the aggregate |
quantity distributed among the parties of !
the first-class the excess shall be awarded |
to the following named parties: Defend |
ants, South kamas company, eleven and /
two-thirds cubic feet per second: John /
Jones. five-fourteenths; Eliza Kensie. |
three fOurteenths: Henry Z. Parry. one |
second.
Third Class.-when the waters exceed
the first and second classes the excess
shall be distributed as follows:
Defendants; Jack Bates. three-four-
teenths: John Peterson, three-fourths
cubic feet per second
Fourth Class.-The waters in excess of
that already awarded TO the extent of
fifths shall be awarded to
John Buttery.
Fifth Class.-When said water exceeds
the quantity awarded to the classes above
named the excess is hereby awarded to
the following parties: Defendants. the
Wasatch Irrigation company twenty-one
Jack Bates, five-four-
teenths: c. H. WilckeD, three thirty
hfths: William Paul. six thirty-fifths
cubic feet per second.
Sixth Class.-Parties in this class take
of the excess of the water already award
ed as follows: Defendants, Sam Lee,
c. H.. Wilcken, thirty
seven seventieths; John O'Driscoll, three
cubic feet.
Seventh Class.-Parties to this class are
William Paul, nine thirty-fifths: John
D Driscoll, one-fourteenth cubic feet
Eighth Class.-C. II. Wilcken consti-
tutes this class and takes of the excess
three thirty-fifthS.
Ninth Class-Defendants, Ernest White,
fve-fourteenths, and Ether Webb, one
cubic foot.
Tenth Ciass.-To John Buttery, of the
excess of the water heretofore awarded |
eleven-seventieths cubic feet.
Whenever the same party is entitled to
water in different classes, the quantity
to which he is entitled is determined by
ascertaininS the aggregate quantity TO
which he is entitled in all classes.
Whenever the quantity of water flow
ing IN SAID river and the canals OF the
parties entitled thereto. is insufficient to
supply the quantity of water awarded to
any class by these findings. then the per-
sons in said class shall have the same
distributed to them pro rata according to
the quantities to which they are en-
titled.
No class shall be entitled TO use any of
The water when it is insufficient to sup
ply the preceding classes with the water
20 which they are entitled
1t is found that defendants John Clyde
Lll.n u f,t M. I
Margetts. Roger Horrocks, Edward Full .
on. Phillip Smith, ]. ]. Jenkins, j. NJ
Walker, Lydia a. Walker. Charles Muir
)hy, Ace Duncan. John Richardson and .
\. Z. Keeler are not entitled to divert or |
Use any of the waters of said river
For the equitable division of said water .
commission is hereby constituted to
consist of three persons, one to be elected |
the narties nlaintiff nv L. MR.