The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-29
NOTICE.

State OF Utah, county of Salt Lake
In the Third Judicial District Court
Notice
To Philander Butler. PhIlander Butler,
Jr.. Charlotte Gregg. Agnes l.. Thomp-
SON Maud NJ. Thompson. Margaret l..
Despair. Hildn IL; Butler, Cecil R. Dyet.
Charles Colebroos, William j. Painter,
Vincent Shurtlh, William McGhie. Up
per Canal Irrigation Company, corpora
Cottonwood Tanner Ditch Company,
corporation: Andrew Seversen. Alvin
Groen. Thomas Esey, Thomas r.. white,
II. Stevenson Charles Bagley. r. Brin
ton. Warren Reynolds. d. Brinton, G
Peterson. Rasmus Anderson; John Quist,
ner. NJ H. 'sa Wsiker T'so $. S l"' Wn1Esr Estate "
Company, a corporation; Joseph Ora
ham. William II. Walker. l.. =. Walker:
lover erpsT eana L ms Zig
Big Ditch Irrigation Company. cor
poration: r, b., Bitner. William II Park.
Mary. Ann Hamilton, Jene D. Hin. Emma
/. Hin, William II. Hill James Gordon.
Charles Park. The Progress Company
corporation, and TO all unknown persons
Take notice that Salt Lake City, a
municipal corporation, has made and
hed with the Hon. Charles w. Morse.
Judge of said court. It's petition to per
ness, william Hood Hill, Of Mil Creek
precinct. Salt Lake county, Utah, to be
the title and right OF use of said city
Of certain portions OF the waters OF Big
Cottonwood creek, in Salt Lake county,
sbs sn S Ss
and used in said county through certain
canals or ditches known as and called
ne ne Big Ditch the Uppsr n j; Gnnn ,,cn and
That the following is an outline of the
testimony which Is expected 10 be given.
and the facts TO be proved by, said Wit
has known the said Big Ditch since the
year A. d. 1S49 and before that time,
and that water was. diverted into said
and was used for irrigating purposes
during both the summer and winter
months OF that year. and for culinary
purposes and the watering OF stock, and
other beneficial purposes. Thar said Wit
ness has been we'll acquainted with the
canal ever since said year 1s4e. and
that said waters have been used as
since the year last aforesaid, In the
winter time as we'll as the summer time.
That said witness was water master
and water diyider for about twenty
and as such had charge Of said Big
Ditch. That during all that time a
tight dam was maintained across the
or intake OF said Big Ditch, except in
times OF spring freshet. or In high water
seasons beginning In April or May, and
said tight dam was maintained In the
winter time as well as in the summer
time.
Also. that the witness knows of the
construction OF the said Upper Canal.
That IL was built in the winter OF lS49
and spring Of 1850. when 1t was complet-
ed. That said waters of said stream
were first taken through said canal in
the spring of 1850. That thereafter,
about 1871 - the said Lower Canal was
constructed, and some OF the waters OF
said Upper Canal werp transferred" to
said Lower Canal That the witness
Upper Canal. and knew who were the
users OF the waters In said Lower Canal,
and that after the building OF the latter
taken water through the Upper Canal
changed. and took their share thereafter
through said Lower Canal. and that said
waters were used by them for the bene-
said Upper Canal or Lower Canal, every
year since the year A. u. 1850. both IN
winter and summer time, and the said
Lower Canal was constructed as afore-
said, about the year 1871, and moreover
that In some years. persons living under
said canals. and using the waters there
OF as aforesaid, used the same for lrri-
eating their lands in winter as we'll as
In summer,
And notice Is further given that an
order has been made by the undersigned.
trict court. allowing the examination OF
said witness, and that Justin R Davis,
ESQ, has been designated as the officer
TO take the testimony OF said witness,
and that the same will be taken by him
under the provisions of law contained I'm
chapter 5s OF tide 70 OF the Revised
Statutes of Utah of 1898. and the acts
OF the Legislature OF the State OF Utah
amendatory thereof and supplementary
thereto.
And you are hereby further notified
tnat saturday, the tth day of May, A
ID. 1907, AT one o'clock p. m. OF that day.
or as soon thereafter as the same can be
heard. AT the Judges chambers, chancery
department.. In the city and county
building In Salt Lake City Utah, Is the
time and place, when and where the
testimony Of said witness will be taken.
at which time and place you and each
OF you, and all persons Interested, can
appear and cross-examine said witness
touching the said subject matters of said
c. w, MORSE
District Judge
Salt Lake City, March Il, A d, 1907