| Show FORT HERRMAN HERRIMAN Important Suit on Trial before Judge JudIe Rol pp Today IT WAS ONOE UEY REVERSED USED Slut Slight to 10 the Ve lie or ci the or rulf boo Above the O 0 A cae the oute oUtcome N 0 of which means mean lunch to th the residents of Port Fort ass and Dd those simIlarly situated la In lavol vol the right to U the use UtI of the waters ot of creek situated In Inthe lb the western of Salt Bat tAles county above the tbt town towa of Herriman was WAi called for tor trial before JueS Judge sitting In place ot of Judge lilIes In the equity branch ot of the Third district court to todar today day dar Tb The part parties to 0 tilt the action are the Herriman company plain pisin plaintiff tIffs tiff and George eo W Keel eel et el al d tie King KIDa Burton Kin ICing and Ferguson a Cannon appeared for tur the plaintiff while the law Inn firm ot of Bennett Howatt Sutherland A Van Cott represented the defendants This cue case w was tried bout about three years 10 0 beto before Judge rud hues who found for tor forthe the defendant An appeal was WAI tak taken n nand and the Supreme court reversed the cause and ordered a new lIew trial From the evidence It appears that as AI early a 1161 1153 the residents and early arl settlers MUIra of Herriman Appropriated aft I ot of the waters ot of canyon for tor irrigation and domestic purposes a and nd I used the same m without interruption I until the year 1551 11 In 1892 1812 the Butterfield Mining corn oom pany oat on ot of tb the defendants and a French corporation began the von con ot of a tunnel for mining vur pur purpose pose and anel durin during the progress ot of the work a considerable stream ot of water wu was developed ed This water tM the defend defendants ants ant then sought to p for tor Ir ri purposes l Th The plaintiff claims claim that the ot of tIa tunnel had Ute the effect If drying up thirteen springs In canyon and Its tributaries These Theae springs 11 were the IOU source Of t sup supply ap apply ply of t used and nd appropriated b Dy the Ibo SInce th the driving of the Wane It ap appears I pears the wt waters 0 of Butterfield canyon by the dryIng pt pg the have ell di on one haiL haJt The result ot of this I is a great I ios and a practical ruination i ito to the farmers ot of Port Fort Harriman main tilt tiffs contend that the wat waters developed In the tunnel wm were from the under underground ground channels which supplied its Ita springs and aDd that It J is therefore en entitled I titled to the tbt water now flowing from I the tunnel TIes Th defendants In their answer and den deny the drying tip up of the springs and claim dalm that tb the driving ot of the tun tunnel did not In an anway any way a affect lb the original source ot of sup up ply p Th ch hearing bad not concluded when this report closed |
