| Show MRS DUDLER WINS IN WATER SUIT judge lilies Decides tho Parleys Greek Controversy GOES AGAINST THE CITY nelendalil Goto llamgr fn Injury Ia 1 rop < l rcUlon In Iliilldlllg and Loan Asnothation Came Judge lilies rendered a drclnlon today In the cam of Pall lAke City so Susan Dustier finding In favor ot Iho defendant defend-ant and astiessolng her damages at UO for the forcible Interruption of her water right In the years 1197 and 11a and llh conneiucnt Injury la tier xruw I Inc crop during tho e rears It will be l remembered that n dispute Struse Horn lima ago between the city and Mr Uullor ever a certain iuan Illy of water flowing from rirlcy creek After considerable skirmishing on the put of Iha cltya agents and a number of men employed by Mm Dudltr la gain IIOMCIIIOII of the water 1 the city cummenc il procee < llnga 491 net the defendant lo rexlraln her from lulhr diverting the welef hkh II WII U Ked belonged 10 liall lak Clly Any Weal it few its ago before JoIU lilies aud taken under 00mnl Ihi court find from the evidence lubmlttixl at the trial that Joseph Dud I ler husband ot tIo defendant In tile Year Ml apprvprlated sufficient water from Iarloya ireek to Irrigate three ami a halt acres uf farming land iltu aul In Parlors canyon aa well aa for culinary and domeitlo purposes In ilia IMitler home Mr Dustier the court find conatrucle < l a ditch by mean ot IJ tr which he conve > ed the water from lha creek lo his houa and land The court further pride tint In 171 Mr Dallier permute certain portent In Halt Lak county n coiwlruct what Is I known aa Ihe Ilraaant View canal for the pur poem I of mine the aurplua waters tit Iarley creek during the high water Reason Sir before In dry aeaaon had begun Th conlderallun agreed upon W 1Il Allen waa that Dallier should Ixi permltteii to flow hill water through this Tew ditch alu that lie I be at 110111101111 a box durIng dur-Ing Itits I light water aeajon Th court also finds that ilia city ha since IU been th owner of uti per cent ot Par leya 1 creek The I questions for decllon tile court finds were riralTh amount of damage 31M 1 Dudler waa entlllxl lo HecundWhether upon the law I and tile evldenc thig clly cuuld change th Place of version or the atrr tu hlrh Mra Dudler loan entitled during Iho Irrigation Ir-rigation Reason without compensation provided the lily did not Chang Iha plar nt Its use Third How much water Mr Dud ler I uught M be ailjudged to have during dur-ing all reauin particularly during the Irrigating Reason 1IKm the llrl I point the court aa Prove Mra Dudler damage at Ittu Aa to ih tecond mailer lh < court U I or mi oiumo tuat ins ijuaier ater an to ginion 1 from the present IInt hI dlterlon in iarieyiT creek during hn Irrigation session and relumed In ho preent plant uf ui without dam agg is Mr iuder i Tho third point the court found dim MIlt lu determine on account lit con Icllng testimony respecting the mount 01 land heretofore Irrigated lay Afro ulIr After fr testing the vI 1 alone 01 the expert w Itnalove govessillml as I the I trial the court orders that Mra I ludltr be allowed U3 11 gallon per II hours for the Irrigating of the JH acre 01 land and an additional linetenth of Q cubic foot per second or II0X1 gallon In conllnuoua flow over 21 hour for culinary purpoiea Th court further detldc that Iho city may It It chunic divert Int water to Mri Dudler by Intent ot tile conduit and pilot or by other nppll ancem without compenaallon therefor C long aa the city due not divert Use water 1 awarded Alm Uudler |
