American Fork citizen. [volume] (American Fork, Utah) 1912-1979, 1914-05-02
|Dp,rse Entered
Water Case

j., the parties to the dis
II, the water of the Pleas
!. system was in dispute APP
,onrt at Provo and settled
,.,,oo at a total court cost
mo case of Mark Bezzant
pleasant Grove City, that at
,,,eateued to cost thousands
and to almost disrupt the
h. -,
,d,s are felicitating each 9th
M happy ending of the dis
everybody seems to be well
From the best information
It appears that the city got
was entitled to ana q sum :
,otity for all domestic pur-
n, case was commenced this
|oueIy advised the course that
II taken and subsequent re
ply prove the wisdom OF the
h many are interested In the
stment that we reproduce In
decree as 1t Is now on the
rord:
Decree.
suse came on for trial the
Of April, 1914. at Provo,
pp Hon. A. b. Morgan, judge,
without a jury; S. II. Thur
Iuire, appearing as attorney
Plaintiffs, and Harvey Cluff,
as attorney for the defen-
be respective parties by their
neys having stipulated In
II that findings Of fact and
bs Of law be waived, and the
decree entered, II Is there
|Nd, adjudged and .decreed
defendant, PLEASANT Grove
be owner of 1876 cubic feet
per second Of the waters of
EEK, In Utah County, Utah,
In the complaint. and its
|eio is hereby quoted and
e said defendant, Pleasant
y, Is not the owner of any
antity Of water whatever
Pleasant Grove irrigation
any manner of form, except
70 manage, control and dis
\ same among the owners
thereof and the ownership
and three-quarter acres of
city cemetery and one acre
Ior city hall, aside from the
d feet for waterworks.
y plaintiffs and other per-
m they represent are the
the remainder of the wat
I'D Battle Greek and their
70 Is hereby quoted and af-
BE- waters OF said Battle
VI be divided between the
freto In the proportions
ca at the place where Il Is
ga near the mouth of the
said creek and the portion
70 plaintiffs herein shall be
oy means OF a water tight
Pal loss or dlminution to the
o. The present pipe line
Tue same, excepting the
being diverted and usd
at the weir.
defendant shall. at its own
instruct and perpetually
good repair. suitable and
ntasurlng devices at the
aiVislon of said water and
ana perpetually maintain n
~ sumclent water tight pipe
y lne water hereby award
Plaintiffs without loss or
IRON the point of division
END OF the pipeline as IL
Sae event n dispute arises
ny or not said pipeline IL
y. 'he same shall be re-
me water commissioner
provided for, and II in his
SAD pipeline is defective
safely conducting all of
S"arded to plaintiffs to IN,
pipeline, or In the event
,asloner is in doubt and
o on determine the mat
Vsn satisfaction without n
ny OF the quantity of water
!, "s :, west end OF said pipe
;, snail be the duty of the
u lls own expense upon
said commissioner to
- water or cause II TO be
t ,S al the point of diyis
, ,ue outlet of said pipeline
dispute. '"'
S'er commissioner capable
I'm !, measuring flowing wat
,nV,LWning the auantity
oe appointed from tim
nr t"s court land for thai
h o.o is hereby re.
IA a duty it shall be t.
Io,o wafer and make proper
pv v1ot aud determine Tho
mig 10 each of the parr
rrin nenoVer there Is n dis
lug the same, and in hig
tbo necessary in order tr
IA quantity flowing T.
bmn, parties. In the event
tn"u'lSSloncr refuses TO or
nn,1 unenl Of said water IL
M me-, Then either plaintiffs
10 may, may after reasonabl
a o,ner party, make such
Ia w. b'u IN" expense thereof
he me party which fails
c co, SIDE Of the DISPUTE.
commissioner shall MOI.