Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-05-06
FAMOUS WATER
CASE DECIDED.
Judge Morse's Findings a Big VIC
tory for the City.
IT'S RIGHTS NOT IN DANGER
careful Statement OF the Case by Hon.
n. ~ Richards, who Reprc,cut-
ed the Plaintiff.

A decision in the case Of Salt Lake
City and the Utah and Salt Lake Canal
company VS. Salt Lake City Water and
Electric Power company and several
other canal companies IN which almost
100 water claimants were ltigants
which was announced in Saturdays is
sue Of the News" Is herewith treated
at length.
This trial, which was the longest that
was ever heard In a Utah court. was
probably the most important water
case that has ever been brought to trial
In the State. The court finds that the
intervenOrs Hiram Bennon and twen-
ty-siN others were entitled 10 a decree
awarding them the use during the irfi-
CATION season for their $50 acres Of land
cubic feet Of water per second through
the Bennlon d Bennion mill race, and
quoting their title thereto The West
Jordan Milling & Mfg company is
awarded 80 cubic feet of water through
the Gardner mill race. John A. Egg
bert, Albino Beckstead, Hiram Beck
stead, John H. Bailey. Henry Din
woodey, w, l.. Egbert. Scion Richard
son, Ludwig Christensen and James
Paterson FOR their 29S.25 acres are en-
titled TO SO cubic feet from the Gard
ner mill race, The Utah Mattress and
Manufacturing company gets II cubic
feet through the Gardner mill race.
Absalom w. Smith w r. wellington.
A. G. Lunnen, AID. Lunnen, James and
Charles Blake get 2.s25 cubic feet from
the Galena canal; and from the same
source Sarah r.. Stewart Is allowed ia
cubic feet; Henry Osborne. "a cubic
feet; John 7. Wilson, 80 cubic feet;
the L. S. Mining company, Il cubic
feet.
From the Beckstead ditch the Beck
stead Irrigation company So found en-
titlcd TO u cubic feet per second for It's
j20 acres Of land. Louis II. Muusley
Rice s. Madsen. Johannah $ Holt,
Caroline Jensen James and Margaret
Q. Madsen get cubic feet for SIS acres
from the Mousley ditch. and William
Cooper Jr. takes % cubic feet for the
operation Of his mill on the Cooper min
race, John Neff gets IA cubic feet
Anna NeH IL cubic feet and John T.
Wilson 3 cubic feet from the same
race.
With regard 10 the tity and canal
companies the court says.
salt Lake City, the Utah and Salt
Lake Canal Co., the East Jordan lrrl-
cation company the South Jordan Ca.
nal co. and The North Jordan Canal
co. arc entitled 20 q decree subject TO
the limitations hereinafter set forth
the right 10 the use OF all the balance
of the waters OF the Jordan river for
irrigation, culinary and domestic pur-
poses. 10 the extent OF the capacity Of
their several canals. and the right 10
impound and store all the waters OF
said river I'm Utah Lake and to have
their title thereto quleted.
"The city, canal and irrigation COM
pAnies shall at all times allow 60 llow
unimpeded down through the channel
OF the river a sufficient quantity Of
water. which, when added to the ac-
cretions of the river from seepage and
other sources, viii furnish the various
points Of diversion and measurement
the several quantities of water herein
awarded to the West Jordan Milling
and Mercantile Co., the Utah Mattress
and Manufacturing Co., the U. S. Min
ing Co, William Cooper Jr, and BEN
Mon and Bennion, for the operation OF
their several mills and factories aud
during the irrigation season Of each
year shall allow TO flow unlmpeded
through the channel Of the river such
additional quantity Of water as will
when added to the accretion
from seepage and other sources,
supply at the various points of
diversion and measurement the guam
tity Of water herein awarded to the
several farmers and land owners taking
water for irrigation purposes through
the Gardner mill race, the Galena
canal the Beckstead canal, the Nous
ley ditch, the BenniOn and BennlOn mill
race, and the Cooper mill race as here
inbefore set forth ana during the
" inter or non-irrigation season four
cubic feet Of water for the use of tht
- i-"c4i
Ing company for domestic and culinary
purposes.
Subject to these limitations and 10
the limitations and conditions contain |
ed I'm the agreement OF compromise
entered into in 1855 between Joseph II. !
College and others and said city and |
canal and irrigation companies, thu |
said city and canal and irrigation COM !
panes shall have the right at all times |
TO shut Of impound and store the en- |
tire flow Of the Jordan river and hold |
and save the same for further use 10 /
the extent which in their judgment |
their interests may require and as be- |
tween themselves, the city, the Utah |
md Salt Lake Canal company, the East |
Jordan Irrigation company. the South 1
Jordan Canal company and the North |
Jordan Irrigation company, shall have |
IN equal right 10 the use OF all such
waters 10 the extent OF the capaclay Of
.neir several canals, and while there
\ sufficient water for that purpose
nay each take the full quantity OF
water their respective canals viii carry.
md when the water Is insufficient TO |
IN all the canals TO their maximum |
'apaclty then the city and canal lrrl-
gailon company shall be entitled TO an
,mal division thereof. provided. that
( by such division l-5 % the water
,hould exceed the capacity Of any of
he canals such excess may be used by
tel remaining canals as have the
.lpnclty TO take the same in equal pro-
,nstions. and during the winter or non
irrigation season each Of said canal
shall have the right TO the
lse OF four inches IN depth OF water in
heir several canals for the use Of their
for culinary and domestic
urposts" The court orders that a
person be appointed 10 su-
,erntlhd the division Of the water
whose duty II shall be TO report TO the
ourt ally violations Of the provisions of
he decree. The court retains jurlsdlc.
ion Of the case for the purpose Of max.
ne such supplementary DEGREES as
nay be found necessary 10 render Of.
ectual the rights awarded by this de.
rec.
The injunctlons prayed for in the
asses Of Joseph Geoghegan, receiver
galrst Salt Lake City and Joseph |
ooghegan, receiver. against the Utah
nd Salt Lake COMPANY et al are