Arizona republican., 1917-11-15
STA|vF ORD DECREE SETTLES BUCKEYE
 WATER LITIGATION

Judge Stanford yesterday signed the decree in the Buckeye water suit, the most important water litigation that has been in the courts since the fam ous Haz->-Abbott case. While not sffecrrrs sa great a number of water users as tAA latter case, 1t nevertn eiess coVef-s BE equally important territory
 To determine the relative priorittes of the users of water in Buckeye val ley. a friendly suit was brought by Nels Benson versus John Allison and others to the number of 454.
 According to the Stanford decree tS miners inches constant flow to the quarter section of land. measured and delivered at the land. is the standard Of the duty of water. subject to . changes of conditions. A water com mission will be appointed by the court to enforce the decree.
 The action was brought three years ago with the filing of the complaint in the office of the clerk of the su- preor court. The trial began F'ebru ary 1. 1916. The court began taking evidence on that day and continued in session every day throughout Febru- Rry and March and since then at vari Dus times until the last 30 days. The case was necessarily long delayed, as the court had no desire to exclude any person having any rights and because of the able manner in which is was handled 1t is understood that everyone interested is well satisfied with the conclusions reached by the court.
 The rights in priority of appropria- ton and amount were determined on the evidence which furnished the basis for the tables which were made part of the decree The description of land, the time of application of water for the land and the continuity Of the use of it are set forth in the tables and were facts on which the figures were reached. One application dates from 1883. and many a few years later. Land owners under canals. other than the Buckeye, tbe St. Johns and the New State canals, were made parties to this suit
 The plaintiff was represented by Kibbey. Bennett & Curtis, and the de- fendants by Chalmers, Kent X Stahl John l.. Gust, Judge Langston. Charles B. Ward. ]. E. Nelson, Albert D. Leyhe and others.
 The decree. in part, follows:
 Tt is by the court ordered, adjudged and decreed. that the various parties hereto. and their successors in interest he and they hereby are entitled to di- vert or to have diverted from the water
 
 Gila rivers to and upon the land owned or possessed by them as their interest may appear. for beneficial and proper for the economical and successful irri- satiou and cultivation of such land, in area. and extent. and in duration and according to the relative rights in priority of appropriation and amount, as shown set forth and determined in the accompanying tables which are incorporated in and made part of this decree and to which reference is here by made for exact and particular de scription thereof.
 Tt is further ordered and decreed That for the purpose of this case IS miners inches constant flow to the quarter section of land, mea sureG and delivered at the land, Is the standard of the duty of water subject, however, to an increase or decrease of such stand ard as conditions may hereafter re- Q1ire. An allowance for loss by seep- age and evaporation will be made equal to 1 F per cent of the amount of water diverted for each mile of the length of the diversion canal from it's head to the distributing lateral sup plying the land
 The costs of action shall be appor- ioned among various parties hereto in proportion of the number of acres en- titled to water.
 The court retains jurisdiction of this cause and of the issues embraced herein and upon good cause shown, may from time to time modify, enlarga or abrogate any portion of this decree or of the tables attached hereto as a part thereof. by or supplemental decree to be entered at the foot hereof.
 The court also retains Jurisdiction of this cause for the purpose of ap- pointing a water commission for the purpose Of enforcing this decree whose duties shall he prescribed by the court, and for such other purposes as the court may from time to time deter mine.'