OCR Text |
Show WATER LITIGATION ! WON BY RAILROAD In a decision handed down last night by Judge Tillman D. Johnson of the federal fed-eral district court the decision made by former Judge John A. Marshall in the case of Ogden city against the Union Pacific railroad to quiet title to the water rights in Taylor's canyon was sustained. Judge Johnson, in denying the petition peti-tion of Ogden city, the plaintiff, for a new trial, gave a decision in which he asserts the possibility of separating the title to water rights from the title to the land. Ogden Js chief contention to the ownership of the water rights in Taylor's canyon was based on the assumption as-sumption of the inseparability of the land and the water rights attaching to In quoting the history of the case upon which he based his decision, Judge Johnson makes note of the transference transfer-ence of the water rights on the land in question, irrespective of the ownership of the land proper. |