Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-05-18
Judge Morse Signs Decree Estah
fishing Rights to Sewer River
And Tributaries.
ADJUSTED BY STIPULATION.
Compact Gives General Satisfaction to
All lrrigators Concerned and There
win be no Appeal.
Special Correspondence.

Special Correspondence.
Richfeld, Sewer Co., May 1.-THE
case of the Richfeld Irrigation Canal
company ct al VS. the Circleville Irriga-
ton company ct al, commonly known
as the big water suit was terminated
today, when Judge Morse signed the
decree establishing the individual and
corporate rights OF all parties who use
water from the Sewer river and It's
tributaries as far north as Richheld,
There has been litigation from time
to time covering different sections of
the area embraced in the new decree,
but these adJudicati0ns were only bind
ing as between the parties to each aC-
ton, and for several years past It has
been apparent that no satisfactory and
permanent basis could be established
covering the whole watershed and fix
ing the relative and proportionate
rights Of the different valleys and set
Elements without judicial adjudica-
ton.
Accordingly the above entitled case
was flied on the lith day OF August,
1902. Judge Chichester being an inter-
ested party was disqualified TO sit upon
the case, and accordingly Judge c. w.
Morse was invited to hear and deter
mine the issues. The trial was begun
Dec. IT,, 1905 The case being brought
I'm friendly way IL was soon appaf-
ent TO the court that much more could
be accomplished in the same length OF
time by the parties entering into stip-
ulations than by the taking of test!-
mony After consuming 20 days time
the various parties succeeded In stip-
ulatlng all Of the rights embraced IN
the case and the stipulations were duly
signed and filed with the court as a
basis for a decree.
Practically all Of the legal talent Ct
the Sixth judicial district was engaged
upon the case, and in addition such
well known attorneys as William II
King, $. III, Thurman +. A. Wedge.
wood, ID. ID. Houtz and NJ. NJ. Warner.
The decree which will be filed tomor.
row contains Is typewriter pages, and
there are over 500 defendants. The ag-
gregate amount Of water involved was
74l second feet OF primary rights and
$50 second feet of secondary and third
rights The Panguitch section was
awarded 1875 feet OF primary and about
30 feet of secondary and third rights;
the Clrcleville section was awarded Of
ltel VI IllHidfy hlu Hpoul 1V reef OF
secondary and third rights, while the
balance Of 525 feet Of primary and
about so feet OF secondary and third
rights was decreed 10 SEWER and Grass
valleys and some isolated Defendants
The court today appointed Alma r,
Bohman commissioner of Monroe
creek, his compensation to be fixed by
the parties interested IN the waters to
be distributed, Mr.. B0hman to give
bond of $500. The court also appointed
Lewis w. Jones commissioner to dis
tribute all Of the waters embraced In
the decree excepting those OF Monroe
creek his compensation TO be $3.50 per
day, and he is TO furnish bond IN the
sum OF $4,000.
The costs IN the case. exclusive of
witnesses and attorneys fees. win
amount to $500. which amount the court
has ordered paid by the different par.
ties pro rata according to their respec-