The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-04-22
SPANISH FORK WATER CASE
SETTLEMENT OF IT IS REACHED
BY ARBITRATION.
Terms of Agreement, Which Have
Been Signed By Judge McCarty-
How Water Is to Be Divided.
fspecial Correspondence.l

Provo, April A.-After day and a half
of arbitrating, the parties to the Spanish
Fork irrigation case which was COM
menced in the Fourth district court last
Monday, and which bid fair to last two
or three weeks, this morning reached a
satisfactory>con among themselves
and hled with the clerk a decree signed
by Judge McCarty.
This is the termination of an important
case in which nearly the whole popula-
ton of Spanish Fork was interested.
The following is a synopsis of the de-
cree:
That the defendants taking water above
the mouth of Spanish Fork canyon are en-
titled to have of the water of said river
such portion as their necessities require,
until the water of the river recedes in
volume to quantity not exceeding
twenty-five inches in depth by twenty-one
feet in width, weir measurement, when
they are entitled 10 have two per cent,
until the water recedeS in volume to a
quantity not exceeding eighteen inches in
depth by twenty-one feet in width. When
the water recedes to this measurement
they shall have one per cent, until 1t re-
cedes to a quantity not exceeding fifteen
and one-half inches in depth by twenty
four feet in width, and thereafter they are
not entitled to any of said stream except
ing enough to water thirty acres of land.
These parties, who take water from the
river above the mouth of Spanish Fork
canyon, are divided into three classes. The
first class being composed of those who
own the right to water thirty acres of
land after the water has receded below
fifteen and one-half inches in depth; the
second class embraces those who are en-
titled to that portion of the waters termed
one per centum and two per centum; the
third class being those who are entitled to
water when the stream is over twenty
two inches in depth.
All the water not awarded to the parties
above the mouth of the canyon is given
to those below to-Wit: The Spanish Fork
Irrigation <
company, the Salem Irrigation & Canal
company, the Spanish Fork South Irriga-
ton company, Spanish Fork City, Spanish
Fork West Field Irrigation company, the
Spanish Fork Southeast Irrigation COM
pany and the Lake Shore Irrigation COM
pany.
valley being taken through five canals
belonging to the companies above
named the waters of the said river are
divided among them as follows:
That until the water recedes in volume
to a quantity not exceeding twenty-five
inches in depth by twenty-four feet in
width, weir measurement, each of the
said parties shall take water according to
his necessity, when the first named party
shall have seven forty-frsts thereof; the
second named party shall have seven and
one-half forty-firsts; the third, eight and
one-half forty-firsts; the fourth, fifth and
company, seven forty-firsts.
When the water shall have reached
eighteen inches in depth the first named
party shall have two twenty-fourths
thereof; the second, four twenty-fourths;
the third six tWenty-fOurths: the fourth,
fifth and sixth, eleven twenty-fourths;
the seventh, one tWenty-fourtfi
When TIE water recedes in volume to a
quantity not exceeding fifteen inches in
depth the first named party shall have
two twenty-thirds thereof; the second,
four twenty-thirds; the third, six twenty
thirds; the fourth fifth and sixth, eleven
twenty-thirds; the seventh. none.
When the water is below ten inches in
depth the East Bench company takes
six inches and the balance is divided pro-
portionately as heretofore divided be-
tween the other parties.
1t is also ordered that no party shall
take from this stream any water at any
time except for beneficial purposes: that
good measuring gates be made and kept
in repair by the several companies: that
each company shall have a commission
which shall. in company with other like
commissions, distribute said waters ac-
cording to this decree. and when any
party grievance arises. to choose a, disin-
terested party to look into said grievance.
In this case default was entered against
defendants Jesse Barker Mrs. E. Daniels.
the Utah Land & Livestock company,
Mrs. D. c. Searles. Mrs. EnOch Daniels.
Plaintiffs were represented by Messrs. S.
r. Thurman William Greer and E c.
Corfman; defendants We're represented by
Brown & Henderson. Warner & Houtz
and King, Burton & King, and Grant c.
B&gley.