Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-06-08
A BIG WATER DISPUTE

A VERY important water case has been
IN Mitigation Tor some time IL is the
Deseret Irrigation company ct al, VS.
Samuel Mcintyre, et aL II was tried
before Judge Higgins at Fillmore. oc-
cupylng the greater part Of two weeks.
and was later heard at Nephi the court
adjournlng last Saturday until The .9,n
inst for the purpose Of obtaining addi-
tlonai proof as TO what Is technically
called "the duty Of water that Is the
determination Of how much land o. cu-
bic foot Of water per second viii irIi-
gate
The plaintiffs In the case have been
represented by Hon. s r. Thurman
and the defendants by Hon +. 5.
Richards John NJ. Cannon, s A. King
and W. x. Reid. It Is needless TO say
that the claims Of the parties and the
merits Of the cause have been ably and
fully presented.
We have received some inquiries eyi-
IDENTIFY based on a misunderstanding Of
the status Of the proceedings. II Is
believed by the people Of Wesio'er
Fayette and Dover that the court BIAS
rendered a decision that deprives them
Of their water privileges In the SEWER
river which Of course would be very
disastrous TO a large number OF fam
lilies depending upon farms irrigated
from that source. But no such decis-
ion. as we understand the matter, has
yet been reached. The suit is still
pending
The facts that appeared IN the evil
denoe may be thus summarized
Some time between 1873 and 1915 the
poop OF Deseret, bennington and
Wellington took out water from the
Sewer river for Irrigation purposes. In
1879 Dover people also took out some
OF the water and other parties at sub
seQuent dates In 1889 the Deseret and
Salt Lake Agricultural company con-
structed q reservoir al Deseret, and
filed notice Of appropriation Of the high
waters OF the SEWER river TO irrIgate
land at the place called Abraham. The
rseryolr cost them upwards Of $4,000.
In 1896 the people Of Westview. seventy
miles further up the river, built a canal
to take water from the same river,
without arrangements with previous
appropriations who at the time were
suffering for lack Of water FOR lrriga-
ton. OF course as a result the shortage
was Increased. on this account the
Deseret and bennington Irrigation
companies brought suit against all the
parties taking water out Of the Sewer
river between Deseret and Westylew
70 determine their respective water
rights
AS the case now stands. while the
further hearing Is pending the water
from the Westyiew canal has been OPP
dered by the court shut on Also that
from the Fayette extension, which IS
another canal that was constructed
about the same time as the Westylew
canal This however, Is but Tempo
rary. The reason for the order Is that
the crops Of the Deseret people are
being burned up and destroyed for want
Of water And they, having prior rights
Of appropriation. the Westview and
Fayette bitches having been made long
after the water had been Appropriated
BY other claimants, the court acted On
the legal maxim First in time, first in
right"
1t IS claimed by the Westyiew and
Fayette people that the fow OF water
has increased greatly during the last
twenty-five years, and they think that
this increase belongs 20 the settlers oc-
cordng to population, and not to che
original claimants. The Westyiew farm
ers declare their willingness to unite
with all the parties lIuglnt
Tor the purpose Of storing the waters
OF the SEWER at high water time They
believe that the Lake Bonneville site.
lust below Fayette. would be a Very
suitable place for water storage and
would supply at least fifteen thousand
acres. This would benent the Descrg-
people as we'll as others.
These water disputes are OF Kind
that causes much ill feeling and many
misapprehensions. The courts how
ever are dlsIuterested. except as Oh .a.
duty and desire Co decide according .
law and the r.ghtful claims OF fhr
spectIve parties Priority OF rights ..
the use Of water must rule in such II.-
CATION. and this ought 10 be Recognized
by all rational people. At the Sam.
time equity SHOULD be considered and
there should be a disposition among tGs
reorle of Titan 90 regard kindly Doe
needs OF Jhc.r n..shbre and to u..f.
as fr as practicable iUr mutual u.H.-
ut ana she Wcli8r. uf the community.
we hone the case which is yet unJaa.l.
en- SSH. terminate 200 o. way thar .H
Doe regarded as just and Lawful. bg ai
Inc parties Interested Meanwhile Iri
patience ana kindness Doe exercised