Mesa free press. [volume] (Mesa, Ariz.) 1892-1901, 1899-07-14
INJUNCTION 'IssU ED.
Regulating the Distribution of Water
in the Utah Canal.


{ Thos. P. Briggs, ct al. w. The
Utah Irrigation Ditch Go. ard j.
johnson, w. W. Dobson and E. E.
Brown, directors and Thomas E.
Jones, water master, is the title of a
suit fled in the district court today
and as the result Of which an iniunc
ton vas issued regulating the dis
tribution of water in the Utah canal,
in accordance with the following
recital of facts, til the further order
of the court:
In 1877 a cooperative colony of
twenty four families emigrated from
Utah and settled cn twenty five
quarter sections of land now lying
under this canaL During the sum
mer they excavated a canal and con-
structed dam in Salt river for the
diversion of water to the canal. Thus
far they seemed to work by mutual
consent and unity of interest in pro-
vidins water for community pur-
poses and use in agricultural pursuits,
stock raising and domestic purposes.
After completing tie caEal they Or
ganized the Utah Irrigating Ditch
company in due form with officers
and board of directors. to. control
the business. A certificate of ow ner-'
ship of one- twenty-'ifth part was
issued to the head Of each of the
'twenty-f6ur families The land was
all cleared and in 1879 in. consider
ationof certain 'werk 10 bs performed
by them, two sections Of. land 3aud a
sever wtnty-tifths interest if the
water carried BY the canal was turn
I'd over to the Pima aid Maricopa
Indians resident along tho ditch. No
certificates of membership or owner
ship in the canal, however, were is-
sued to'the Ihdians,e or 10 any fcne in
their interest.
The government the same year
gave the two sections mentioned to-
the Indians, who to this day have
carried out their agreement in the
performance of their part Of thework.
In 1882 the company permitted
seven individuals to enlarge the canal
to carry water to seven more sections
of land and issued them certificates Of
membership. BY the next year the
land had been so cut up by sales to
smaller holders of forty and eighty
acre tracts that in order to give all
representation in the ditch The former
certificates were recalled and four Ger
tiiicates issued in lieu IF each former
certificate, making 128 shareholders.
Now comes the unfortunate part of
the story. 1t is alleged that in order
to save the trees, crops, etc, of the
property owners under the ditch It is
necessary that at leas, five -eights of a
miners inch of water for each acre of
land under cultivation, must be at the
disposal of each owner constantly in
order to give him sufficient water
supply. In dry seasons, like the
present, the supply in the canal will
not afford this amount of water and
the original ditch owners claim that
by priority of location they should be
entitled to this amount before those
settling at later date shall be con-
sidered They allege that at the
election of directors in October last
,, persons not numbered among the
original locators secured control Of
enough shares to control the election
and that the directors SO elected have
| announced their intention of-deliver-
ing pro rata all water in the canal to
certificate holders, regardless Of time
of settlement. They therefore pray
] that perpetual injunction shall issue
prohibiting the delivery of water tc
those on the new lands. except when
there is an excess in the canal owe,
1900 inches, which is the amount re-
quired by the lauds under the twenty
four original certificates.
| Tho l., IS