The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-08-27
MORE LIGHT ON
BIC WATER SUIT
Salt Lake and Utah Counties
Involved in Stubborn
Contest.
ALLEGATIONS OF COMPLAINT
ARE SET OUT IN DETAIL
Fight Over Water of Utah
Lake Promises to Be a
Notable One.
Continued From Page One.

thereto, the plaintiffs found ii neces-
sary TO and did, at great cost and eX-
pense, construct and maintain dams in
the Jordan river, and did dredge the
bed Of the river, near its source, at
the north end of Utah lake. for the
purpose of storing and holding back
the water of the lake and river for use
during the irrigation season of each
year and the said Jordan river, from
said dam south 10 Utah lake, has ever
since been and is now used in con-
nection with said lake as reservoir
for the purpose of storing water and
as means of appropriating and uti-
lizing the waters OF said lake and river.
TO which these plaintiffs are and were
entitled as aforesaid.
Rights Were Purchased.
That in the year 1855 the plaintiffs,
at great cost and expense. purchased
and acquired from the persons owning
lands bordering on Utah lake. the right
to flood the lands and store the waters
OF SAID lake at an elevation of three
feet three and half inches above
low water mark, which said elevation
is known as compromise point; and
the plaintiffs have ever since main
tanned and used said lake as reser-
voir to store water for their needs.
That during the past ten years, in
the mountains and the diversion and
use of the water of streams tributary
TO Utah lake, and because of the great
loss of water in the lake from evapo-
ration, due 10 the arid climate. il has
been impossible for the plaintiffs TO
maintain the water in said lake at the
elevation known as compromise point,
although they have stored therein all
the available water; and since the
,la Il H.
dried up and reccded to such an ex-
tent that there has been no natural
flow of said waters from said lake into
said Jordan river, and, in order TO uti-
liZe the waters which the plaintiff had
heretofore appropriated and used. as
hereinbefore stated. in the wear 1902 il
became necessary for them 10 install
pumps at the outlet of Utah lake, which
they did at great expense. and the
plaintiffs have ever since pumped from
said lake into said river as much of
the waters Of said lake as could pru-
IDENTIFY be taken therefrom without i'm
pairing the natural supply from said
lake, and the level of said lake has
become permanently lowered. so that
there is now no natural outflow from
said Utah lake. and all of the water so
pumped has been used by plaintiffs for
the beneficial purpose aforesaid,
July, 1901. decree was duly entered
in the District court of the Third ,Ju-
dicial district. in and for the county of
Salt Lake. in the case of the Associated
Canal companies vs. the Salt Lake City
Water and Electrical Supply company
eft al, quieting and confirming the right
and title of these plaintiffs in and to
the use of all the water of Jordan river
for irrigation and domestic purposes to
..-In of {
their several canals. as hereinbefore
stated, and the right to impound and
store all the waters in said Jordan
river i'll said Utah lake,
Application of Defendants.
That on the 10Th dav Of October,
1905. the defendants filed their appli-
cation 30 appropriate 40 second feet of
water from Utah lake with the State
Engineer of Utah.
That on the 5th day of March, 1906,
which was within the time provided by
law, the plaintiffs filed with said State
Engineer written protest against the
granting OF said application, stating
the reasons therefor,
That on the Goth day Of June, 1906,
without notice to the plaintiffs and
tion and protests, the said State Engi-
neer approved said application
That the said State Engineer had
no jurisdiction to approve said appli-
cation, because there was then and is
now no unapproprated water in said
Utah lake. the proposed source Of sup.
ply. as all Of the available waters of
said lake had heretofore been appro-
priated by these plaintiffs and prior ap-
propriators, who are entitled TO CON
stant flow from said lake of S2S cubic
feet per second, and the proposed con-
templated use Of the water by said de-
PENDANTS In their application viii CON
flict with and impair the value of said
existing rights of the plaintiffs in and
to the waters of said Utah lake, which
have heretofore been appropriated and
used by them and in which they have
had vested right for more than
twenty years
That all of the waters Of said Utah
lake have been appropriated by these
plaintiffs; that the quantity Of water in
said lake has greatly diminished during
the past ten years, and the surface
thereof is now one and eighty6ve hun
dredths feet below compromise point:
that there is not sufficient wafer in
ply for the necessary requirements Of
the plaintiffs and that a continuous
flow from SAID lake sufficient to supply
said appropriation would soon so ex~
haust the said source of supply that il
would become permanently impaired
and insufficient to meet the necessary
requirements Of plaintiffs and prior ap~
propriators, and, therefore, to allow the
appropriation and diversion by the de
PENDANTS of n flow of 40 second feet of
water. or any other quantity of water,
from said Utah lake would be an in.
fringemcnt upon and an impairment of
the value OF the present existing and
vested rights of these plaintiffs in and
to the waters Of said Utah lake and
Jordan river
Prayer Of plaintiffs.
Wherefore, the plaintiffs pray for
decree Of this court adjudging and de-
creeiug that they are the owners and
entitled TO the use. by pumping or
otherwise, Of a continuous flow Of SIS