Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-08-08
Big Water Case
Is Concluded.
Testimony and cafsumentS Terminate Today and Whole
Question Taken Under Consideration Until Tomorrow
s1iosnmg al Ten When fudge @iorSe VIII Decide
Whether City Shall be Restrained

rte hearing Of the evidence and the
,nants in the case Of John Gabbott
81 &c Salt Lake city ct al, was con-
81 ,aed This morning at about IL o'clock
n ,he case was taken under consld-
n a,,on by Judge Morse until tomorrow
aoroIng at 10 o'clock. Al that time a
.dsion will be rendered as to whether
!, not the city will be restrained from
',eyentng the plaintiffs from retaklng
waters Of Parley's canyon creek,
a Mich they claim they are entitled to do
S,ecause Of the failure Of the city to
,,,sb them with the amount OF wa
~ they are entitled to from the city
W anal IN exchange for said Parley's
reek water
II The question is Of great importance
n the city at the present time, for
No reason thai IL the Parley's creek
ater is taken away there will UNI
coubtedly be q great water famine next
4 ak when the city viii be crowded
KIM thousands of visitors.
A After the close OF the News report
, esterday afternoon a number of wit
!. sssses we're examined on behalf Of the
ReN City Atty. Nye scored another
(, rong point by the court giving him
'remisslon to file this morning an
amendment TO his answer alleging
X, -. -. a.,, ~ Do plo,fio araak hae haau
'rreaty increased by the purchase, by
'ihe city, Of a number of primary wa
.ter rights In Parley's canyon above the
intake. This water had, before the
'purchase, been used for irrigating the
.iams in the canyon, but now 1t Is al
bowed TO fow down the stream and into
HE cIty's intake at the mouth Of the
|tanyon.
The point arose while A. F. Doremus
|vas on the stand. He was asked by
|Mr Nye II he knew of anything the
|ely had done to increase the flow OF
|Nater In Parley's canyon since the con-
|,ract with plaintiffs was executed. Mr..
Sutherland raised an objection to the
Question,
IN explaining the point he wished to
bring out, Mr.. Nye said. that he pro-
|posed TO show that the city by its pur-
Ichases had increased the flow of Par
|leys creek about so per cent and hence
81 the injunction was granted and
Plaintiffs were permitted TO take the
|snllre stream they would be taking wa
|ia which never did belong TO them
|rnd which had been purchased by the
c.ty from parties who had just as good
b tile and as early one as any Of plain
its
Judge Morse stated that II defen-
dsnls were going into the title to all
those water rights the case would be
prolonged for weeks and he did not
Are 10 spend that much time on the
matter at present. Upon being assured
that Il would take but q short time
10 Introduce evidence on that subject,
De gave Mr,Nye leave to file an amend
rent TO his answer this morning. and
10 Introduce witnesses in support of
DIS amendment.
The witnesses examined for the de-
Tease yesterday afternoon were John
Gabbott, Col. Squlres. Robert Thomp-
con, 5. +. Brown, II. Il. Burns, c, II.
A. f. Doremus, Supt. Hines
and Councilman Robinson. Several of
nem stated that they had made a tour
q Inspection of the farms below Ninth
South street and found plenty OF wa
iei and the crops were looking good.
City Attorney Nye fiisd the amend
nent to his answer this morning, which
sets out that the flow Of the waters
n Parleys Canyon creek. 10 which the
Plaintiffs would, at the present time,
Be entitled had said contract Of ex-
lhtnge never been entered into, amounts
p 100000 gallons every "a hours. and
mat said amount Of water has been |
turned down the old channel by the |
Ivy to said plaintiffs ever since July &c. |
wv II also sets out that since the |
cale OF the exchange contract the city |
pas acquired, by purchase, the primary |
ilghts to about ~ per cent OF the nor |
nal How Of Parley's creek In the |
canyon. That ever since the acquisition |
q said ~ per cent Of said waters by !,
ne city the same has been flowing |
gown Parley's creek mingled with the |
waters to which plaintiffs would be en-
.uea but for said exchange contract,
VI ralO WY NplhhiA
wheIe The said waters have been di-
|,ei'ea aud used by said city and its in
|hsblhnts
10 support Of the allegations in the
amendment, City Engineer Kelsey was
paced on the stand and identified the
ylVpefly mentioned In a number OF
1ssds TO the city, produced by city
eeuorney Nye, az property situated in
'aieys canyon to which certain prim-
Wy water rights belonged. He also
.asuhed as TO measurements OF the
'' y at the intake made on Aug. "a,
!, ana IS, 1901. but the testimony on
vat point was ruled out by the court
apoh the objection Of plaintiffs attor-
samuel Brown was then recalled and
suhed that he made certain measure
nei's on the above dates, but his tes- !