Salt Lake Telegram | 1921-04-25 | Page 2 | New Law Held Water Right Tangler

NW LA E lAW HlOI m J TAN l Sevier Troubles Complicated According to Letter to State St te Engineer Diversion of water ater and Its distribution distribution dis dis- I is said to have perhaps caused more trouble in Utah than any other question and the law as passed by the Thirteenth legislature appears to have complicated tho the sit sit- Under the law of 1919 it is made the duty of the state stale engineer to appoint water commissioners The Morse decree which was operative prior to the law of 1919 required the district court to appoint the com com- I missioners In the Sixth judicial district Judge I H es conceded to the tho state engineer th the appointment of the commissioner under the 1919 law notwithstanding the Morse decree Recently Judge Joseph II Erickson I of the Sixth district elected to appoint ap appoint appoint ap- ap point a water commissioner under the Morse decree for the Sevier river district and therein there appears a conflict of authority Under the opinion of the attorn attorney Y general the duty of the state engineer engineer en engineer en- en is set forth and one of these duties is the appointment of a wate commissioner The state engineer has levied and collected an assessment assessment assessment assess assess- ment in accord with the law and the attorney attorney generals general's opinion to pay lay the water commissioner functioning under the direction of the direction x of f the engineer LETTER RECEIVED I Today State Engin Engineer er Caldwell is in receipt of a letter from E. E E. E Hoffman Hoff Hoff- I man aI which purports to give tho the I i views of Judge Erickson regarding I the appointment of a commissioner under the Morse decree in which Mr I Hoffman says I It Is Judge Erickson's sons son's idea that in order lorder for you OU to take talo advantage of your jour our view of the law you should I apply to the court in the regular j way and I am sure you cannot accomplish ac accomplish ac- ac anything by writing him aC 1 letters I I am quite sure that the court never acquired jurisdiction to modify I Ithe the Morse decree as you ou claim Judge I Hayes Haes did That could not be done I without notice to all interested parties parI parties par par- I ties and I feel sure that no such notice ever was given That was I simply an order of Judge Hayes re reI requesting requesting re- re I questing the state engineer to make the appointment under the law of 1919 REFERS TO PREDECESSOR The water users of the Sevier river under the Morse decree through the writer obtained the consent of the state engineer Mr McGonagle to I take the distribution of the water i over and go ahead as they have done heretofore This was in January last Indeed Mr McGonagle seemed glad I to get rid of oJ the responsibility as It Is a matter in which the state has I tJ on 01 page 10 i II III t j BLUE LAW HELD V Continued fr m page 1 1 I only lY a remote interest They believe it it It is their right and the court takes t the die o view v that as a court of ot equity It rt t has as a right to enforce its own decree detree I have simply given you the 1 bew spew taken here so that you may know the situation and probably you will wUl not feel like proceeding further In this matter State Engineer Caldwell Caidwell says that he is not trying to abrogate the decree de decree decree de- de cree cree nor take anything away from L the decree as the 1919 law provides t that water must be distributed according according according ac ac- ac- ac cording to existing decrees and rights I but he intends to obe obey the law as the law officer of the state prescribes The controversy adds another difficulty dif dif- dif dif- II on the matter of ot the Sevier river troubles I