Show I IRRIGATION COMPANY COMPANY- I WINS ON APPEAL In the supreme court Friday inan in inan inan an opinion by Justice S. S R. R Thurman the case of the the Warren Irrigation company of Weber county against Ray Charlton and Thomas Charlton was decided In favor of the irrigation company affirming the decision of the district court I IThe The case which was appealed from the Se Second ond district court was an an action instituted by the irrigation company which supplied its stockholders stockholders stockholders stock stock- holders with water from the Weber river for the irrigation of certain lands Its claims for water were ba based cd on three separate and distinct appropriations the first of which is not involved in this Its f second alleged appropriation 1 was for fifteen second feet of water from the Weber river filed flIed September Septem Septem- ber 1 1903 which was to be lifted from the river by means of a pump and then turned tuned into a conduit leading leading leading lead lead- ing to the irrigation company's compans canal This application was made by W. W L. L Sf Stwart wart and wife for which a certificate certificate was issued by the state engineer engineer engineer en en- and the water right represented represented I thereby was conveyed by Stewart and wife to the irrigation c company The third alleged appropriation was made by the irrigation company in I IMay I May 1913 by filing an application in inthe inthe I the office of the state engineer for forthe forthe forthe the right to store 1800 feet of the waters of the Weber river by means of a cement dam constructed across the river at a point known as asI I Draney's Bend so as to obstruct the I river The based their claim solely to the diversion and use of I what they denominated dead water of ot Weber river standing holes and depressions in the bed of the river this diversion being made by means of a power pump Installed on the bank bani of the river and the water diverted diverged conveyed by ditches to the theland I land upon which it Is applied this pump being situate about three and one-half one miles above the dam of the I irrigation company at Draney's Bend The pump was installed about June Tune 1 1913 and it was alleged that it has been used during each and every year since that time for the purpose of Irrigating their lands and that that by said means they have irrigated and improved their lands aggregating about acres In the litigation over the claims In Inthe inthe inthe the district court the findings were in favor of ot the Irrigation company and an award of fifteen cubic feet of water was made whenever there was wasa a surface stream flowing in the channel channel channel chan chan- nel of the river above the dam of the irrigation company In connection with the other supply of the Irrigation company and the Chari tons were perpetually enjoined from interfering with the right so awarded From this d decision cislon the appealed |