Show THE FINDINGS fo lowing anre the findings fin dines of the submitted to judo after rei ting the dicta per la to tb in of the referees etc e acl art continua amt ahat all of tha parties plain alffa aad defendants alleged in abe to b corporation corpora and existing under tilt la 0 utah labat all of the bartim in mid iusi plaintiffs and defendants fouad entitle I 1 to water bs hereinafter stated hate b proper aad fere aiom the original of eai 1 I 1 acoma the owners thereof Third That cottonwood Cotlon wood creek ie a natural stream of water arising 10 san peto count an t the northwest part of loarry county utah and floan thence southeasterly through ai I 1 lohery coun ty and abir and adjacent to the tawne of orangey ille and in said em y coant that stid creek la by aws and aej in volun e one itar with arother and dunns the different seasons of each ve fourth lint the india fual aad aad the of the said t corporations are the owners in bever alti of lands it u and pet to baid creek chii h slid 1 ands w ith out irrigation are baaren and but when watered by arti facial irn gatio i with pure agar chopa fifth that list impure and atar tor ilo i estie aeo or irr sat on in large quan tibits an 1 at divers joints lon the lourio of said belo v the eai 1 to 0 Oring eville his issula ind BO pel iro n tho backs 0 wd lreoy and the in ty thereof id thence found ita way into creel and m ogle I 1 with the w ahat sud s ud seepage has been t b of abe lands abbio aad i n 1 by of a id u ige flater laical eg with iho atcie of di d creek is troies aid att and below tl e head of whit la known as the 11 race in this i luse the abere tho brtek b low the beil of said mill race especially in tha iu i water CP son of thedoar hive 1 u adulterated and for arning or purposes to barou e totally tor use for either of said purposes besth ahat prior to the ear 1884 all the w tiers of the slid cotton anek n the normal flow thereof hid been and were for dom itic bed p and an i parties succeeding bucce eding there to aud ao owning the tame constitute a farat or primary cliss and the amount of water now ened b them is as fol bowe to wit ICE lardeo for 60 acied through what ie known ae abo II 11 abee ditch 5 6 ft one second ewt 2 simuel alkon carl wilberg W W call john alken for through what is know 0 as ille ditch second abot 3 V ilberg for 30 sc es through nhat 18 known as the ditch 1 2 cond toot i bauo cut cam company for ecres through that la known as tho blue cut anal 48 1 l CO second feet 5 james jeff A jeff joseph cue ha orange seel joseph u ivareen jr G larsen sarah larsco S H birsen aaraon erasta larlor joaeph u and oacar lir sou for acres through what is known the jeffs ditch 3 4 50 second feet 6 J H alcox jamos jeff orange doely john W lake cb trios adrew rasmus chereon cd ereon acres through chatis knowl aa tho wilcox ditch 3 69 60 second feet 7 orange seely G L graec carl V ilberg and A N bolsec for agh what n khoan s the beela d leeond eft 8 J seel for mill es through what is known as the mill race 9 ahe starr ditch kompany for acres what la knon as the bearr ditch 8 3 60 second feet 10 the clisper irrigation canal corn can for 2002 acre wha is known clipper canal 22 60 se cond feet 11 sidney swaze tames craw for 1 end george fos for 0 o acres gh bat is known as the cradford Cra aford nd meaze ditch 60 gacond toot 12 joseph ks and john V for 30 acres eh what is kno as the hawks ditch 30 CO leeond foot 13 robert johnson and william john on tor 12 acres through what is kno a e the johnson ditch 12 GO second foot it ahe mammoth canal company for acres through ahat ie known as thi Maium oth cinal 5 1 60 I 1 feet Seventh That in years in seasons thereof there hino been more waters flowing in baid broek thin as u for or ved by the baij parties constituting the first or amary 1 l asti an i eaid erces of has been bed vs used and appropriated by diem u an I 1 the parties succeed uj thereto dud now the samo n a beconi class and the quantity quan titi of n ster cow 0 ced by then is as follow s to wit ICE birsen for 50 acres through hetia hitia hi tia known ae the biddlecomb ditch 5 beconi foot 3 kofford from indian creek a tributary of said cottonwood cheok for 30 acres 3 3 second feet 3 jacob So and chris P ottosen for SJ acres through what ie known aa the planer ditch 20 60 second leet i hawks and J W daue 27 through what la knoal as the hawk e ditch 27 60 second foot 5 bialey swazey james crantford Cratt ford and george fox through what is known rs tha crawfo crawfod d and swazey ditch 47 60 foot 6 kobert and johnson for faur aclei what is khoan the ditch second foot 7 the mammoth cacal company for 1808 acre through what ie known as the mammoth canal beconi feet 8 the G eat canal cc crany for civo hundred through a bat u krown the great estern canal 8 20 CO feet james keyno ds tor 20 acres through hotis l nobu as seely creek a anbu tarv of cottonwood creek 20 60 acu ecu oad foet 10 joseph lund for S acres through v hat is known as the lund ditch 32 60 foot Eighth That the great VM tein can 1 company bae constructed ite canal ui ebbat and at great ex a carrying more thin 1 second feet of water an 1 when e j oberd is more ahn enough w fsr IE aoi to buoo tto I 1 i and mhd classes with the aggregate bunn city to which they are entitled then the said great western canal company la the owner of 8 20 60 second feet which is a 3rd class ninth that whenever there 14 soa enough water flowing in cotton wood creek to supply all the parties in the first class the quantities neove ed thal whole of eadd creek has been dis tributes tri buted to and among the p in said blaas pro rata according to the re quantities t anaed la said lass bcd whenever there his been more than enough water floding 10 said creek to cupply the bald first class but not enough to supply all the second with the quantity quan titi s rained to said class then tha aai 1 P osa abo e that used b the airet class has bean used by all the p arties 0 tho SP on 1 is pro rata accord ng to the re qi ai ti t es named in 8 iid calabi aid whenever there baa bein enough aviter in ud to ei arh nil of the parties in both cl si os to the full extent aboe set forth then the has been used bv all the parties in both first ni 1 se ond classes ai stated in the above findings tenth griat in arder to avoid the in ury ans og fro u the co f the I 1 adulterated waters afore deferred lef erred to ith the waters of said cot conwood creek at and belo v th heid the baij mill rat of J V seel it 14 necea giry ti divert all ot the ater no v led v im of the part es hereto below aid n ill through what ie know n ae tb V ilesi ditch or so ne ditch diverging di vering the creek at or near that point eleventh that the of te t e ditche atio enill race here n r fairel to i e as follows to vit the H g lee ditch tho id decono ditch the W illse hinlle ditch the albere di cb the lund ditch the ditoh i d t ie seela dit h telah blat the aister orned b inv p r 01 r pawns ng the same en ent flowing conti to furnish a sufficiently laifer for 1 me the a I 1 stream his been in re ae 1 11 1 I ume and th ti nc of use 1 been dim mi 1 cd mccorl th tl ten h and allot the parted to this chiv hiv cli dad a right to tho of the waters of s id creak or a portion thereof adversely to eich and ever other p rt but of blid allt es vs iga nt tt t ot ers has arau red right bv adverse i e tu adiv of the waters of sud creek or its tribu tar es ahat in the vear 1900 irrigation season thereof nt divers tho es to this wrongfully with the use of the vater bv eich other aa herein denn ed and minnued the r to interfere with ai d u ind it therefore tint abo gats of id part es b th plaintiffs and defendants in and to the niteis of 11 creek be de ter mined and quieted As ns of law brou trou the forgoing forg jing we fl d 1st that all the waters of said cotton wood creek are orned by the s here named and they are entitled to a decree of this court a v arding them the as folio vs to it tic 1 I 1 arsen d dept to samuel alker carl allberg W W call and I 1 hr A alken ose curd feet 1 s cond fit to blue cat ca al compel 48 41 60 ond apet lo 10 jan jeff W A jeff joseph cunha orante beely josephl laisen G I 1 ar en jr i ursra sarah larsan H lar een frank larsen larson joseph I 1 arson eco to janes H alcox janes jeff oranee seely john M lake 01 ale iwase n drew Chris tenae i and rasmua ai derso S 51 60 second feet ToO siela larso i carl ft 11 u and A N olsin 4 6 erool d feet toj vv heely through what Is known as the rnell race for m 11 purposes dij lum con let le t TJ the starr ditch 8 8 60 so ond to the clipper irrigation 33 li ba se ond feet lo 10 s anoy S aaby lam s Crawf oril and george bu s d fe t joeed 1 ks and johre W davia S d feet to and win johnson P BOB cond f tt lo 10 abo damn oth canal compan 5 4 60 feet the bcd ore goine to conat tuff i farat or primicy cidna and to be award ed pro natii all of the tt aiters of baid creek Deter tho same is not than t to the ia etith the quan tit 0 water to which they are entitled s herein yut forth beconi ahat the 1 0 baica cheek aro more than to si p ply tho in the carbt jasi the water to which they are entitled heie stated thin the erces 0 edid waters and above tha quantity of ater to the first cl aej awold by and by decree should b distributed to to tho following bained persons as fol ions to hit to larsa beconi foot lo 10 E kolford from ind geelt a tributary otea d cattoi wood jacob borci tea and chris 1 ottosen 20 cond foot 10 josoph o 0 john W navis OJ second foot jo sll ey james awford and ceorge 1 47 CO second co t 10 kob t and wm johnstun 4 60 a LO d foot to tt e mammoth canal company 8 16 second set lo 10 tho croat canal compare 8 D CO se ond feet james holds from heely creele a tr amari of co t eok decoud loot to joseph lund 3 60 leeond foot tho above and foregoing to a altes aul to be awarded pro rata ill of tha waters of s i d creek in ex ess of the fraters awarded to the first alisa as stated so long as said ex u do s no exceed the quant tv to h the p birtiee ID said second class are entitled above sei forth third that whenever the waters of said cottonwood creek are more alian ruffic ent to the parties the first and leeond lasses to the full extol t of ahn rights then the excess thereof is bv and should be by decree awarded aa folio vs to wit lo 10 tho great western can il 8 20 60 second feet fourth that whenever the water awarded to the t arties v ah r from an ditch is in volia ahen flowing continuously to be 0 practical use then said parties are entitled by do cree to be a girded the liht to the volume of w iter flo vingia said ditch to a volume sufficient tor practical use and decrease the time of use thereof ac cordingly provided that such change of only be anide upon n itice to and under the regulations of the coni missioner mies ioner hereinafter provided for fifth that all the parties bow or heretofore usina water from the hagboe wilsonville Wil sonville withers blue cut wilco beel and lund ditches ia order to avoid the effects of tho adul seepage water flowing into the said creek above the heads of said should by decree be a ard d the right to divert eaid water the J W seely mill race and by of what is keown as the wilco ditch cr abc her daten constructed for the pur po bad should be required to divert the bat to which they are entitled bi d mill race so long aa the same i aee to cupply said mill race with vatar 0 o mill purposes pur to wit 9 10 u is i s above stated ixta that to tha eee of regu controlling 6 properly die tribu ting the water to which the parties here in are entitled ao above beet forth it should be determined by said de ree that a ayr be appointed anuell anu oll abe cui who dull b should be to divide sail water when ever and diata buta the to and imong the entitled there to is hereinbefore abed tod for the controlling the action and londot ci s iid in respect to bit I 1 duties it should determined by si d decree that court retting of this cause until ordered b the court ahe ot the said omm woner and the expenses incurred in the discharge of hia duties herein should be pai 1 b the rasi atno arties accord to their interests in said v ahei atei is herein determined escape aa otherwise eldered by I 1 e court in arv special cise of sail conan missioner iss ioner and expend t ires in go of slid duties shall be div be de oed by th cobit ither nt he irae of hia ampol itsuo it when the gervice is reordered ered or the expense incurred the of court clerk s and afi and other newemy court expenses it any shill be paid one halt 1 the plaintiffs and one halt b the defendants ani neither part shall tit against the other on int of v tee or m fleig or 01 the sime |