Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-11-12
Judge Morse, After Lengthy Hear
ing. Settles Noted lrri-
cation Litigation.
WATER is NOW APPoRTIoNED
Perpetual Division of Flow Made IN
Decree aud Commissioner APP
pointed 10 Garry out Terms.

In a decree handed down by Judge
Charles W Morse Of the Third district
court this morning. the water rights
in the Little Cottonwood canyon were
adjudicated, A. o. u. Foulks was
named by the court as the commits
sionor TO sec that the decree is proper
ly carried out. His pay during the
irrigation season. Isl 70 De- determined
by yearly hearings before the court.
This suit Is one or tho most impor-
tant irrigation suits that has been heard
before tho courts of Utah. u involved
every person or corporation owning
land which was irrigated br ditchc.
truln Little Cottonwood Ii includes
Murray. SANDY ana 93e persons vino
mold water rights in the stream
Ia presenting the case the records
were searched as far back as lS4S. "a
year after the pioneers reached salt
Lake valley. Judge Morse decided that
the following bitches were built prior
20 1896 and that the users under these
bitches still have rights TO tne follow
ing amount. IN second feet North
Despair, O6. South Despair rs.
G,reen"ood, i. BRADY. No. I, ~.
Brady NO 2, 10; BissinCcr. on: Van
Nalkenberg. 90 This makes "a total
% 81 second-fect Of the primary
water TO which these seven bitches are
always entitled. The total amount
OF primary water iu Little Cottonwood
Is dccreed by the court TO be
e4.i9 cubic feet This leaves "a
now OF 1884 which rs divided la the
Following proportion. Tanner ditch,
tvo-ninths: Richards ditch, one ninth:
Cahoon and Maxwell. hvc-cighteenths
Union aud Jordan ditch. fvc-cigh-
teanths, aud the Walker ditch. one
ninth
The court holds that the users of
water from the above named bitches
have right TO a tight dam across Lit
IL Cottonwood at the intake OF the
Walker ditch.
The Brown ditch Is entitled 10 an the
water rising between the intake of the
Walker ditch and intake OF the Brown
ditch, together with an the water
flowing past the Walker ditch. not eN-
ceeding the capacity Of the Brown
ditch.
sURPLus APPoRTIoNMENT
The surplus water is divided pro rata
between the Union & East Jordan r.
riFation company's ditch and the
Brown, sandy, Nicol and Johnson
bitches according 90 their capacities
III the following manner.
Richards. al second feet: Union &
Jordan. l6.2S second feet: Cahoon a
MaNield, i3.7s: Walker 1879: Tanner.
2.s5; Bissinger. l56. Greenwood. 500:
North Despair, as; South Despair eN-
tension, 1927 Brown. 20; sandy. 90,
Nicol, 1858; Johnson, on Little Nicol.
6.42' Union g. East Jordan as follows:
AS between the Richards ditch and
the Union a. East Jordan ditch. the
latter is TO have OF the surplus water
running IN the Richards ditch. above
the point of junction, sos parts and the
Richards ditch, for the land irrigated
By ii, is To have of such surplus water
JOS parts, of a total of an parts
OTHER DIVISIONS.
The court holds that when these have
all been supplied the other bitches are
10 have water as follows:
Steingruber ditch, 3.05 second feet;
Thompson ditch, IL. az second feet; Grif-
nth, 1; Last Chance, 1874; Lynn, HIS.
Hanson, Il, and Baker. To-
In the Sandy ditch. salt Lake county
holds a two-thlrds interest and il is
decreed that as long as the users UNI
der this ditch pay SIS "a month 10 tho
commissioners of the ditch under an old
agreement this ditch is entitled To one
tenth OF the primary water belonging
otherwise 10 the Tanner. Richards. Ca
hoon q Maxwell, Union q Jordan, ana
Walker bitches.
The court holds that the average
flow Of water in Little Cottonwood On
the winter is 9.1S second feet.
The suit was fled about two years
ago by the Union a East Jordan lrri-
cation company against an the other
water users in this stream.