| Show M decision ly his honor idge jahl RINGVILLE CITY VS as HOLLEY CASE hg defendants water rights subject to regulation in the district court of the first judicial district territory of utah county of biah vr r opinion of the court lames hoey tl e cui rotifer roti fr thurman are nr clini cli ni in t if aso willing to conrede 10 stun biant 0 o use it this water to ir the actual laud alisi nr hiis now under cultivation there under proper regulations if so this law can be settled without further expense mr thurman I 1 will consult my cli nta your honor the court I 1 wish you would it eams 10 me that this lawsuit law suit id inevitably drifting to that point mr thurman 1 the court please I 1 understand thai our clients in thia case ire perfectly willing now and each of them always have holley shall have his rights according to the time that he has used the water just the as any man whether he lives in or nut they do claim this that luiere are prior claims in springville Spring ville city that they arc afie oldest claimants that these claims have not been lost by iny lapse of time nor by any use and atiat wo are willing that mr holley hould have water under the same reg ula tiona that other men use the water who are tenants in common on that stream perfectly willing to the esteal u hia rights by the court I 1 have been thinking a good deal about this water question in the last three or four day and these investigations here have opened up to aay mind the subject in a more comprehensive way than I 1 have ever seen it before it is easy enough to see that it is full 01 complications which this case and the one that the court now has under advisement vi border upon now take thia man it is evident from the proof here and I 1 take it that subsequent proof would probably not alter materially tho facts already stated with reference to that that he took up this land and used thia water in good faith it is equally evident that those people binm who have been using this water have been acting in good faietti the rights are the same rights having probably enough water from year to year but if we were tu come to a cold question of fact probably there are enough below to exclude bun in a dry entirely I 1 do not know how if i avoult turn out if we were to put the question under the statute of limitations whether he would be able to huld or not the subject is one full of i and I 1 do not want to eee these people down there at pulling each oeners wool in court to the extent ot creating bad feelings and spending their money in custe there was an ab necessity for it hence I 1 made the suggestion I 1 di d now there is one thing that must be apparent to every man that alio streams ui chis territory and of thia county in an average season one year with another are being used up to capacity and when there comes a dry season there is a general letting down all along and juat exactly what principle the court ivill ultimately follow to govern matters af that hon 1 caimol teil if 1 waa being made responsible for the ultimate lecia ion of alie question I 1 would try to invent gome scheme whereby alie rights ut ull parties be as nearly maintained aud preserved a possible pos bible but one tiling ia apparent and that is where people are tenants in common on a of water this way whether the aatu ies give tho city authority to regu late them or not their rights must be i regulated I 1 think case produced by brother sutherland yesterday is good law 1 think it is framed in common tience and common justice and it has made u very deep impression on my mind and 1 believe that ultimately the babii principle for the settlement of troubles will be found in that decision there must be regulations for every man whether he ia inside the city limits or outside of ahm that is not tl e the question to del ermine ib ia he a tenant in common on the same stream of water if he is then he must no use his rights as not to injure others and there must be somewhere in the courts to preserve and protect the rights of each As I 1 said I 1 think the i cabic principle of the whole thing ia mund in that case cited by brother du therland from pomeroy on water rights and this will be compelled to submit to regulation in the use of that water if be has any right it is not for liim to say 1 I will take it whenever 1 please because down below him upon the same stream there are probably a hundred people maybe five hundred I 1 do not know probably the city lias and I 1 believe it was so stated some three thousand people in in all whose rights depend upon regulation now take one of thesa irrigating ditches here in provo A man who has got a lot here on this corner aas 1 I am not going to pay a tax or pay any attention to bour regulations whenever I 1 want alie water out of this diack my lot is next to I 1 will put it on it well of course if he did that some other roan would do it and no man would know his rights he would make his own rights alie strongest man would come in and knock down the weakest nud tano the water from him entirely iao aliis lawsuit law suit will nave to bo settled on the basis indicated upon the concession mado by the kotlier side and I 1 ay iy nut think leiai tins defendant has my liht cither to object to that if in the course of time these present owners and rs of this stream of auter not taking in any increase of course but upun the present facts of the c se that now exist when this decree is I 1 say it in alie course of liuio the vitera of by reason of a 1 aper abundance of rains and snows or anything rf that kind shall and these people isee proper to let their neighbors alio are net uther entitled to it have water well and good that is charitable it ial neighborly it i christianity if on the other hand by beat on of droutha drout hs failure of snows or rains or thine of that kind tiie of thia creek should be so reduced as not to in able to water all the rights as now claimed and there should have to be a scale put on then this plaintiff will have to bear his chare of it that is evident of course and I 1 will not undertake to make any decree as to the fact with reference to that but will only say that upon the basis of the thing as it now exists this mans rights will be declared and they will be declared subject to regulation by a majority of choso who own alie stream without regard to any city righta of princ ville under the or anything af that kind for I 1 do not eee under the aspect of this caso as it appear to me that t could properly undertake to gay whether it should ie tta statutory or not I 1 will write a decree that will regulate the defendants rights and at the same time preserve them JW JUDD Judge |
