Show l APPLICATION OF Ul UPPER BLUE ULUE BENCH DISTRICT IS Ul UPHELD Right of t the e Upper Blue Bench ir irrigation district to exchange water from Rock Hock creek a tribu tributary tary of the Duchesne Duchene river for water from westfork west vest fork of the river In iii order ordel- to irrigate acres of land 1 h 10 upheld In a d decision handed down by bythe bythe bythe the state supreme supreme court CUlt last Friday Tl The e ruling was written by Justice J J.E. J.E. J. J E. E Fl Prick Frick District u 7 i j jN N N. N Kimball Kimball Kim Kim- ball who sat satin in of Justice A A. A J J. J Weber dissented from tho thenia ma majority decision The decision suntans the judgment judgment judg judg- me ment lt of the district i court of fo Fourth judio judicial al district i The case case was appealed appealed ap ap- ap- ap pealed d by the federal government t in behalf of Indians with whom the tho irrigation m company company sou sought ht to make the exchange The supreme court points out that It is the the paramount paramount purpose of the Utah statue statue to to bring about th the i tise use se of water so as as' as asto to pro produce uce the greatest greatest great great- est possible benefit to the inhabitants of ot the state and that every appropriator appropriator appropriator must mast yield to such object ct it if his rights are not materially injured injured injured ed by acquiescence The irrigation company originally Intended to divert water from Rock creek and to convey it by canal to Its lands This was found impractical because of the formation of the rocks and the porous orous nature of the soil toil along th the line of the proposed canal anal Application to make an exchange exchange ex ex- change bange was granted by the tho state en en- en- en sneer In behalf of its wards the government then brought suit Inthe in to inthe the he district court |