The Lehi banner. [volume] (Lehi, Utah) 1891-1917, 1914-05-02
'ina| Decree Entered
Settling Water Case

4 Wednesday the parties to the dis
ue wherein the water of the Pleas
NJ Grove system was in dispute APP
barred in court at Provo and settled
N stipulation at total court cost
1880. the case of Mark Bezzant
al VS.. Pleasant Grove City, that at
he time threatened to cost thousands
dollars and to almost disrupt the
Xbmmunity.
Roth sides arc facilitating each 9th
over the happy ending of the dis
,te and everybody seems to be well
Atished. From the best information
btanable II appears that the city got
m that Il was entitled to and SUN
ent quantity for all domestic pur
bses.
N when the case was commenced this
Y amer strongly advised the course that
as finally taken and subsequent re
hits amply prove the wisdom of the
iyice So many are interested in the
HAL adjustment that we reproduce In
hi the decree as 1t is now on the
Hcial record:
Decree.
a This cause came on for trial the
Rth day Of April, 1914, at Provo,
nah, before Hon. A. b. Morgan, Judge.
Residing without jury; S X. Thur
Ian. ESQUIRE, appearing as attorney
n the plaintiffs, and Harvey Cluff,
souire. as attorney for the defen-
nts. The respective parties by their
4 lid attorneys having stipulated In
on court that findings of fact and
i nclusions of law be waived, and the
blowing decree entered, IL is there
Bre ordered, adjudged and decreed
Nat the defendant, PLEASANT Grove
City, Is the owner of 1.35 cubic feet
Il water per second of the waters of
uattle Creek, In Utah County, Utah.
Inscribed in the complaint, and its
dtle thereto Is hereby quieted and
olirmed.
That the said defendant. Pleasant
Grove City. is not the owner of any
mher quantity of water whatever
Within the Pleasant Grove irrigation
oSstem. in any manner of form, except
- right to manage, control and dis
fibutc the same among the ownors
~ users thereof and the ownership
a. seven and three-quarter acres of
VBter for city cemetery and one acre
~ water for city hall, aside from the
LIE second feet for waterworks.
{rhat the plaintiffs and other per
hs whom they represent are the
kners OF the remainder of the wat
Is Of said Battle Creek and their
lie thereto is hereby quoted and af-
Pend.
That the waters of said Battle
eek shall be divided between the
rties hereto in the proportions
love stated at the place where It is
wv divided near the mouth of the
nyon of said creek and the portion
asured to plaintiffs herein shall be
abducted by means of water tight
pc without loss or diminution to the
est end of the present pipe line
omveying the same, excepting the
liter now being diverted and usd
~ parties at the weir.
WIhat the defendant shall, at it's own
&Dense, construct and perpetually
intain In good repair, suitable and
0cient measuring devices at the
mt of division of said water and
hstruct and perpetually maintain n
od and sufficient water tight pipe
n e to carry the water hereby award
~ to the plaintiffs without loss or
Siminution from the point of division
10 the west end of the pipeline as II
how exists
That In the event a dispute arises
las to whether or not said pipeline Ia
losing water the same shall be re-
|lofred to the water commissioner
hereinafter provided for and If in his
1gment said pipeline is defective
II is not safely conducting all OF
~ water awarded to plaintiffs to the
I'D OF said pipeline, or In the event
ID commissioner Is In doubt and
mot accurately determine the mat
M to his own satisfaction without 4
asurement Of the quantity of water
wing to the west end of said pipe
Iqe, then II shall be the duty of the
QIendant, at It's own expense upon
YoQuest of said commissioner tc
ueasure said water or cause II to b'
MEASURED, both at the point of diyis
tQn and at the outlet of said pipeline
Eof the purpose of determining thC
Westion In dispute.
I. 'phat water commissioner capable
20 " accurately measuring flowing wat
and determjning the quantity
hereof shall be appointed from tim'
% time by the court land for tina
purpose jurisdiction is hereby re
tainedD, whose duty It shall be Il
MEASURE said water and make propo,
dhision thereof and determine tn
Hntity flowing to each of the par
d M herein whenever there is a dis
DUO concerning the same and in hi
lWgmcnt II Is necessary i'm order Il
nefermine the quantity flowing T.
.Mh of said parties. In tho even
the commissioner refuses to or
YET measurement of said water il
cHs' Of dispute, then either plaintiff
Of defendant may, after reasonabl
nW'ce TO the other party, make sucl
: mehsuremcnt and the expense thereo
shH'' be paid by the party which fail
establish its side of the dispute
1hat said commissioner shall per
orm such other duties relating TO tn
n'aSuremenl and division of sad