The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-08-07

g project, in Mlllard county, =
g against the Oasis Lank & Irri- g
&. cation company was shown yes 9
g terday to be a failure. The 9
g state land board has been g
g watching the matter closely and q
g will see TO it that the purchasers o
@ of land get their rights. Q
4@%@%@~@%@@@%%@%%% e
Suit has been filed at Fillmore,
Willard county against the Oasis
Land & Irrigation company, in
which NJ. S. McIninch, representing
about seventy owners of the land
under the Oasis project, seeks TO re-
cover S11l, 900 damages on account
of the failure OF the company to fur
nlsh water in accordance with its
contract
In the face Of this suit. which is d.
rected solely against the irrigation
company the bona fide land owners
appeal to the land board to adjust
the difference and prevent drastic ac-
ton such as is reflected I'm the law
suit They charge that the complain
ants are persons who have homes
elsewhere, and who have bought Mil
lard county land on speculation.
They say also that the suit is an at
tempt 10 ruin the irrigation company
and spoil the prospects OF settlers.
In the meantime the state board of
land commissioners, after hearing the
complaints of the SETTLERS on the
Oasis tract in Willard county. has
given the company until next Friday
to make arrangements whereby IL can
pay its debts TO the land board and
70 1Th IN a ar.H1
the satisfaction of the settlers.
William H King, attorney for the
Oasis company IS now in the east
seeking TO raise funds for the compile
ton Of the irrigation system. In the
event that the company cannot
finance the completion Of the irriga-
ton system and pay its Indebtedness
already incurred. a receiVership is
imminent and the project will pass
into other hands as a result of litiga-
ton.
Dam Twice Washed Out.
The prime cause of the trouble has
been the losses sustained by the
Oasis through the washing out of its
dam for two successive years, and
just at the time when water had been
placed on the land according to its
contract. As to the real cause Of the
trouble, there is a difference OF opin-
ion. The company maintains that it
was an act Of Providence each time
that washed away its dams, while
others insist that the dam gave way
on account OF gross Incompetence on
the part of the engineering force. In
either event, however, the dams went
out after the company had expended
in the neighbOrhOOd of $4,000 in
building them in a manner which the
company believed was entirely safe
The contract was entered into be-
tween the state land board and the
Oasis Land & Irrigation company in
1908. Under the Carey act and the
contract between the state land board
and the Oasis company, the company
was required TO pay the state land
board the first payments made on the
land and on the water rights All Of
this money has not been collected, |
however, and the Oasis company
owes the state land board approx
mately $4,000 on this account.
Acquires BURNER Dam.
The Oasis Land & Irrigation com
pany acquired the BURNER dam from
the Melville and Deseret Irrigation
companies and bought an interest in
the Sewer bridge reservoir at the time
1t began operations. The BURNER
dam went out in 1909, after the
company had expended about $50. 900 |
in making il apparently safe. After
the dam went out the first time il was
repaired at great expense, and put in
commission again. Last spring, how
ever, the BURNER dam went out
again and left the company in a posi-
ton where it was unable to make re-
pairs in time to save this years
crops.
Hampered by a lack OF funds as
well as natural disadvantages. the ir- !
rigatiOn company was called before |
the state land board, at the request !
of land owners, who asked the board |
TO take some steps towards either !
compelling the company Immediately !
TO finish the irrigation system and !
furnish water according to its con- |
tract or to take the project out of the |
hands Of the company.
A large part of the tract was taken |
up in the fall of last year by Nebras- |
ka farmers, who formed an assOcia- |
ton last spring and appointed NJ s. |
McIninch 70 represent their interests |
before the state land board. In re- |
spouse to a request from Mr.. McIn- |
inch, the land board set a date for |
the hearing. which was given last /
fled the grievances which the land |
holders had against the company.
Sold Under Misrepresentation.
This complaint before the land
board stated that the Oasis company
had sold its land under misrepre- |
sentauOn, inasmuch as the company /
stated to purchasers of land that il |
had filed bond for $4,000 with the |
state board of land commissioners. |
Another cause for complaint was that |
the company had contracted to fur |
nfsh water for the crops OF 1910. Still 1
another clause in the complaint was |
TO the effect that the Oasis company
had failed to deposit with the state /
land board any part of first payment |
on water contracts and that the COM |
pany had retained this money for it's |
own use. The complaint filed July l |
by Mr.. McIninch also stated that the |
had failed TO give the $50 |
600 bond and that the canals under |
construction were not large enough, |
and that the flume crossing the Sc |
Vier river was unsafe and INADEQUATE |
AT the time this baa ring was oyivaf, /