The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-04-19
NOTICE.

State Of Utah. county Of Sal,
Notice. S'r'ct o,|
To Phllander Butler, Ph,,ara
Jr-. Charlotte, Gregg. Agnes 81
son. Maud "a Thompson, Ma
Csespo' lSespain' GnIo Hiida y; BuIleg, Cecil 8
Charles GoleoTook. William
per Canal Irrigation Comnarsn sncehis|
tion; Thomas Newman, = cd
Cottonwood Tanner Ditch IrSuust|
corporatIon Andrew SeyessU,ap
Green. Thomas Elsey. Tborsen
Arthur Meadows. F F. Moses I
Fl. Stevenson. Charles BaeleS
ton. Warren Reynolds. r.
Peterson, Rasmus Anderson I'm
F, Trott, James WiIson Wlij,opna
ner, NJ. Fl. Walker. s. s. WIIa WaIIu
Company, corporation: Jnsa
ham, William II. Walker. L
G. A Harper. l.. S. Hills, Big cc,
Lower Canal Company. ca, Tv'v
Big Ditch Irrigation Companr
poration. =. r.. Bitner. William h
John u, Hamilton; James q Is,
Mary Ann Hamilton. Jane ID. am
!. Hill, William II Hill. Jarne.
Charles Park. Tho Progress c.
corporation, and TO all unkno7n
whom 1t may concern.
Take notice that Sal, Lab. u
municipal corporation. has n,
filed with the Hon. Charles w
Judge Of snid court, i;s petIiic,
pc;uate the testimony of n rs,,.
ness. William Hood I'm. Of IN
precinct. salt Lake county T-,as
called. sworn and examined -
the tIJie and right ot Use az f.
II certain portions Of the wata,.
Cottonwood creek. in Salt I,aLs
Utah. TO Wit. about iwentv.si.
tieths (2s-60J thereof heretofors
and used In said county thronss
canals or bitches known al an
the Big Ditch" tho Upper cs,
the Lower Canal and the "HIIl
That the following is an outIir.
testimony which is expected TO I.
and the facts 10 he proved BY =
ness. that Is 10 say, That saId
has known the said Big Ditch q
year A. ID. iS49. and before ~
and that water was diverted \,
ditch In tie year lS49, from sa5I
and was used for irrigatIne
during both the summer ana
months Of that year. and for
purposes and the watering Of A.
other beneficial purposes. That Z,
ness has been we'll acquainted +
canal ever since said year ~.
that said waters have been
aforesaid through said canal az
since the year last aforesaid
winter time es we'll as the suuIa.
| That said witness was a vafsr
and water divlder for about
| years, ending in the year A. II
and as such had charge Of +
Ditch. That during all thai
| tight dam was maintained acr|
said Big Cottonwood creek. al Z
I or intake OF said Big Ditch. 3
times Of spring freshet. or In hlr
seasons beginning in April or "
said tight dam was naintalrej
winter time as well as ir lhs
| time.
Also. that the witness mos1
construction OF the said Uppe
That IL was bull, In the wlnts 2
and spring of 1880, when Il was r]
were first taken through SAID =
about 1871, the said Lower g.
constructed. and some of the d.
said Upper Canal were "tranzfr
said Lower Canal. That the
knew the users of the wates
| Upper Canal, and knew who n
users of the waters In said Low
and that after the building OF o.
canal. some of those who had q
taken water through the Upp
changed. and took their share O
through said Lower Canal, and q
waters were used by them for q
fetal purposes aforesaid. eithr
said Upper Canal or Lower Cau
year since the year A. ID. 1854
winter and summer time, and [
Lower Canal was constructed Z
said, about the year 1871. and (
that in some years. persons liyi|
said canals, and using the watc|
OF as aforesaid, used the SAND
eating their lands in winter ID
in summer,
And notice is further given 4
order has been made by the un3@
Charles W. Morse. a Judge Of Z
trict court. allowing the examt/
said witness, and that justin d
Esq, has been designated as u
10 take the testimony Of said
and that the same Will be takA
under the provisions OF law con.
chapter &c OF title 73 OF the
OF the Legislature OF the Stafe
amendatory thereof and supp
thereto.
And you are hereby furth9
that Saturday. the +th day oil
ID. 1907. at one clock ,. m. ol
or as soon thereafter as the san
heard, at the judges chambers
department. in the city ana
building I'm Salt Lake CITY, utaI|
time and place, when and WI
testimony OF said witness viii n|
ut which time and place you. G.
OF you. and all persons intarnl
appear and cross-eXamlne sald
touching the said subject matter
examination. c. w. MOI
District j
Salt Lake City, March II, A D