Arizona republican., 1906-06-10

Judge Kent yesterday rendered d de- cision in the case of the Maricopa Ca nal company and the Salt River Valley Canal company against the Grand Ca nal company. the Appropriators Canal company and the Arizona Water Users association. The action was directly mainly against the Appropri- ators and was brought for a restora- ton of the status of the plaintiff companies which they had enjoyed un- der the Kibbey decree and to put the Appropriators' Canal company and the Arizona canal under the supervision of the water commissioner.
 That is what the decree does, and as well it apportiOns the water equally among the four of the five canals i'm volved, the AppropriatOrs' taking the place of the Grand. The decree is ef- fective only when the flow of water in the river is 6O,O00 inches or less.
 The flow yesterday was 32.00O inches, according to the measurement of Commissioner Trott. Under the Kibbey decision. about 1000 inches ] belong to the canals on this side of the river, so that each of the four canals l affected by the decision will receive 4.25O inches. The division of the water will be begun today. and gauges will l be established somewhere in the vari- i ous canals for the exact determination
 of the share each is receiving. The fol- t. lowing is a full copy of the decree, ! which, for the time, is the supreme law of the north side:
 This matter coming on to be heard upon the application of the plaintiffs for temporary injunction pending the final hearing of this cause. upon the re- turn of the order to show cause issuDd
 to the defendants herein; and the
 plaintiffs appearing by C. F. Aims
 worth. Esq. their attorney; and tho
 defendant the Grand Cana company appearing by George D. Christy, Esq
 its attorney; and the defendant th,
 Arizona Canal Water Users associa.
 ton appearing by Walter Bennett Esq.
 its attorney; and the Appropriations , Canal company appearing by Messrs Armstrong & Lewis, it's attorneys: an, i, the verified complaint of the plaintiffs , and the affidavits of R. E. Miner George D. Christy, Dan McDermOtt, c , H. Christy. J. D. MOrrelI, and r. r F Trott, verified June s. 1906. being req,
 on behalf of the plaintiffs; and the yer flied answer of the defendant the Gran,
 Canal company being read on behal 2 of said defendant; and the affidavit O Frank T. Alklre. verified June $, 1906 . being read on behalf of the defendan 2 the Arizona Canal Water Users asso I citation; and a general denial of the al I legations of the complaint of tn
 ApprOpriatorS' Canal company bein n introduced by the Arizona Canal Wa Q ter Users association; and the verifie 0 answer of the Appropriators' Cana s company, and the affirdavits of Fran r. P. Fowler. W. H. Wilky and Henr S Welborn being read on behalf of tn n defendant the Appropriators' Cans f company;
 = And it appearing to the court frOI = the evidence submitted to it that for
 number of years past the water in tn
 Salt river applicable for use upon tn
 lands cultivated on the north side
 Salt river in the Salt River valley an c lying under the various canals partit
 to this action. has been distributed b
 the court through it's commissions = duly appointed under a decree of cou = heretofore entered in an action where - in one M. WOrmser was plaintiff an If the Salt River Valley Canal compan If the MaricOpa Canal company. u