The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-22
NOTICE.

State OF Utah. county Of Salt Lake
In the Third Judicial District Court
Notice.
To Philander Butler. PhIlander Rntler.
Jr., Charlotte Gregg, Agnes l.. Thomp-
son Maud NJ. Thompson. Margaret l.
Charles Colebrook, William j, Painter,
Vincent Shurtlifr. william McGhie. Up
per Canal Irrigation Company, corpora
Cottonwood Tanner Ditch Company. a
corporation; Andrew Sevsrsen. Alvin
Green; Green. Thomas ElScy, Th2mas r Mn,se' Mdade
r. Stevenson, Charles Hagley. F. Brin-
ton, Warren Reynolds, d Brlnton. 9.
Peterson Rasmus Anderson; John 2uIst'
ner, NJ, H. Walker, S. s. walker Estate
Company, corporation; Joseph Grn-
ham, William Fl. Walker L.. P. Walker;
aTpa cana L y Big
Big Ditch Irrigation Company, a cor
poration, p. p. Bitner, William H. Park.
Mary Ann Hamilton. lane D. Hill. Emma
/. Hill. William n. lIill, James Gordon.
Charles Park, The Progress Company. a
corporation, and TO all unknown persons
Take notice that Salt Lake City, a
municipal corporation, has made and
filed with the Hon, Charles w. Morse.
Judge Of said court, It's petition TO per
petuate the testimony of certain wit
ness. William Hood HIH OF Mill Creek
precinct, Salt Lake county. Utah, TO he
called sworn and examined. concerning
the title and right of use OF said city
Of certain portions OF The waters of Big
Cottonwood creek. in Salt Lake county.
Utah, To wit, about twenty eight six
tieths (2s60) thereof heretofore diverted
and used in said county through certain
canals or bitches known as and called
the Lower Canal" and the "uin Ditch"
That the following is an outline OF the
testimony which is expected 10 be given.
and the facts TO be proved by said wit
ness, that Is TO gay. That said witness
hns known the said Big Ditch since the
year a. ID. lS49. and before that time,
ditch In the year 1919. from said stream,
and was used for irrigatins purposes
during both the summer and winter
purposes and the watering of stock. and
other beneficial purposes. That said wit
ness has been well acquainted with the
canal eyer since said year 1919, and
aforesaid through said canal every year
since the year last aforesaid. in the
winter time as we'll as the summer time.
and water divder for about twenty
years ending In the year a. D, 1855.
and as such had charge OF said Big
Ditch, That during all that time
tight dam was maintained across the
said Big Cottonwood creek, a, the head
or intake of said Big Ditch except in
iIl1leS Oh SDTl0E 11eSncI. or IN nlEn wafer
seasons beginning in April or May. and
said tight dam was maintained In the
winter time as well as in the summer
tlme.
Also, that the witness knows CT the
construction OF the said Upper Canal.
That ii 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
said Upper Canal were transferred to
said Lower Canal That the witness
knew the users of the water OF said
Upper Canal. and knew who were the
users of the waters in said Lower Canal.
and that after the building OF the latter
canal. some OF those who had formerly
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-
hclal purposes aforesaid, either through
said Upper Canal or Lower Canal, every
year since the year A, d, 1850 both in
winter and summer time. and the said
Lower Canal was constructed as afore-
said. about the year 1871. and moreover.
said canals, and using the waters there
OF as aforesaid, used the same for irri-
gazing their lands in winter as we'll as
in summer.
And notice is further given that an
order has been made by the undersigned,
Charles w Morse. Judge of said Dis
"
said witness. and that Justin r. Davis,
Esq, has been designated as the officer
10 take the testimony OF said Witness
and that the same will be taken by him
under the provisions Of law contained in
chapter IS of tirlc 13 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
that Saturday. the 5th day OF May. A.
n ~ lhnt IL
or as soon thereafter as the same can be
heard. ar 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,
al 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
examination. G, W, MORSE
District Judge.
Salt Lake CITY March Il a ID 1a07