Show MILL CREEK WATER CASE OUT OF COURT the case of john peterson and delilah J Peti rsm vs the moab light power company which was set for hearing before a auy next monday has been settled by stipulation and judge has directed H W balsley clerk 0 the court to discharge the jury the case was a damage action involving title to the wandre of mill creek by the stipulation signed by C A robertson attorney for plaintiffs and braffet patterson attorneys for the defendant the plaintiff is given for 1000 damages the title of plaintiffs to one twentieth of the waters of mill creek is settled with a af april 1 1879 and their right to divert the same at the null race or peterson cement dam is established with a priority of april 1 1891 the right of the defendant to the diversion of fourteen second feet of the waters of mill creek subject to the prior appropriation of the petersons is dished as of august 18 it is further agreed that when the waters of mill creek shall amount to less than fourteen feet and the court provided for by the decree shall decide that the water is necessary for the use of the deafen bajit in the appropriation of its power plant the defendant may divert the waters of the plaintiffs and use the same in the operation of its plant provided it shall return the amount thereof to the plaintiffs the amount of the waturs to which plaintiffs are entitled is not to be f diminished by such use and the de fondant is to pay all costs of such use including the compensation of the |