Salt Lake Telegram | 1940-07-11 | Page 7 | State to Start Water Survey

STATE TO START WATER SURVEY Initial steps were being taken Thursday by state engineer T T. H H. Humpherys and his aids to conduct conducta a survey and prepare a proposed determination for use in adjudIcating adjudicating adjudicating cating rights of water users In Utah lake and its tributaries The task of doing this work was handed to the engineer In an opinion opinion opinion ion of the state supreme court which granted a petition of or the Spanish Fork West Field Irrigation Irrigation Irrigation tion company and other Utah county water users for a writ of prohibition preventing the Third district court from proceeding with the adjudication District Judge Lewis V V. Trueman of Ogden called to sit the supreme court to replace Justice Roger I I. I McDonough wrote the opinion Justice McDonough disqualified disqualified disqualified dis dis- dis- dis qualified himself due to participating ing in the original suit action while in the Third distrct court Largest Ever er Instigated l The original suit brought on May y 28 1936 was said to be the largest irrigation case ever instigated instigated instigated gated In courts of the state Salt LaJ Lake e City the Utah Salt Lake Canal company East Jordan Irrigation Irrigation Irrigation gation company South Jordan Canal company and North Jordan Irrigation company defendants in inthe inthe inthe the prohibition proceedings were plaintiffs The supreme court opinion re requires requires requires re- re quires the state engineer to make a survey and proposed determination tion in water adjudication suits The engineers engineer's proposed determination tion must be submitted to the district district district dis dis- dis- dis court and must be accepted by the court unless there are protests pro pro- tests Would Save Money Ioney The declared objective of the Utah county water users in seeking seeking seeking seek seek- ing the writ of prohibition was that it would save money and time to have the engineer make the determinations determinations determinations deter deter- rather than the district court u Mr Humpherys and his aids I were studying the opinion Thursday Thursday Thursday Thurs Thurs- day and later will investigate findIngs findings findings find find- ings of engineers who have been retained in the field for some time by the Utah county water users Following this preliminary work Mr Humpherys said his staff will outline procedure to be used in making the surveys and determinations nations