Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-11-14
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ALLAN C. LAWSON
Action Against Him Brought b
Salt Lake City Today,
A PERPETUAL INJUNCTION


salt Lake city Corporation and the
Utah aud Salt Lake Canh Company
dil, this afternoon. commenoe an ac-
ton 10 the Third dfulst court ns inst
the SAT- Lake city water and EIge-
ifieHl Power Company. one OMIT Jor'
DON Irrigation Company. ihr solih Ior-
ou Canal Company. the North Jordan
Canal Company. thc nlneham Tuunei
Company and Allan "a. tnmson.
it iH reclted in che complaint chat the
Joran river Or 90 public stream OF
water. ami the outlet OF rtah lake n
o. then alleged ihat in 1850, thc city.
cor the purpose of supplying water TO
the Inhabitants for ordinary uses. cone
structcd a canal from the river ana
appropriated ono-nnh NJ che waters of
the river that since 1850. tho city has
continued 90 % appropriate and use
such ~ portion uf tln un1urruprlntel
water uf thU river. thui Che Utah and
salt Lake Canal Company was lnrur.
purAtci about 1850. O. eject the use uf
the water us mentioned. ami was come
pieicd IN iAi2, since whom pluintin has,
during thu irrigntlng season. dlHtfibut-
cd 10 the stockholders iu the canal. said
waters for irrignting purposes. etc.
This nrruprlhtlUn Of the Jordan wac
tgu was. DC Ia claimed. insufficient Cor
th' necessary use Of occupants OF land
NlNnN tha canal ANA each year an add
uon1l portion u water has been APP
pfoprIuted. that dam was constructed
az tho Jordan uarrowa hy Salt Lake
county Co. divert the waters. that b..
cause ~ thH nrldlty % the climate aud
t1o draiuugc from The lake. ,he waters
90 the lake ln dry HcuF.uH ~ the year
rccryiud lri hfcpmr nacorHiry 10 cOA-
atruct another dam ana Co dredFs o.
bed 20 The lake On order 90 provide f0r
storing the waters ami holding them
Cor ura In dfy Seasons. that this work
vas all don. by rhIuuus ana 10 1895,
the bod 20 The river was drcdEcd o.
servo ga g STORAGE basin or reservoir
from ihe dam 90 the lake and has ever
nlrrr been uaUt nH such
After 81 7crlhlng tho continued use %
The waiter hy the nlHinuns. the cum-
plnlut sets out that tho def,udnr.H
WfpnHfullN claim ma Interest w the wac
tors 90 the Jordan. which have been
long since legally appropriated hy
pl1lrtln4 ana have set an such claims.
That the claims % defendants uro
without rinht, aH against the pinintins.
VINO nave q common right in such wut-
efa Ne roforrui 10. without Invasion or
Interference.
The plainuns therefor ask that tho
defendants be- required 60 aet forth the
nni1rc ~ their respective claims and
That an such b. determined by decree
~ the court. that the title NJ the city 90
onc-ilfth % the waters of the Jordan
az und above the dam b. dHufccd aud
that neither or the defendants has any
estate ur INTEREST therein that the right
u the Utah and salt Lake Canal c0n-
puny 90 one.nfth of the waters a. be-
fore mentioned be- uuioted aud con-
hfmcd tH we'll nH ~ right 10
one-tenth or the entire How II the
river az and above the narrowa. be-
tween Nov. 20 and April /. that the
title N the said canal company to one
third M the waters of the river during
the early part ~ the irrlgntlng season.
ana until low water In each year be-
granted and confirmed; also that the
request ~ the plnintinn and tho de-
PENDANT Irrigation ana canal cnmpan-
les Co manage. regulate and CONTROL
the dams ana flow " the river, 60 store
water, ctc, b. quleted ana confirmed.
ANA that ~ Doc ndiudged that neither Of
the defendants has any estate OF inter
rst whatever In either ~ the rights of
the plllntlffH and that the defendants
De- forever cniolncd from asserting any
claim whatever 90 the regulation OF the
waters of the Jordan.
vs. g. Han ana richards & Varian are
nluintimH attorneys