| Show V ViN IN COURT Important email Water Vater Suit Vow on Trial Special Correspondence Monti Mantl Co Ce Feb 4 Before Judge McCarty today was begun nn an Important suit over Irrigating water The heating may many occupy the he entire week meek It IB nn nfl action brought by the Irrigation company ct et al iii against the Sterling Coal and Coke company et Ct nl oh In which the plaintiffs ge that they the are owners of land hand In severally near time the towns of anti ami Sterling which lands are without artificial Irrigation that toe for more mOOre than twenty years last past pant time the plaintiffs have been the tho own tire ers of a stream of water used mused for or Irrl gating their lands known as creek rising In time the mountains east act of that the tho whole of time tho waters of creek and all Its It tributaries lire arc absolutely absolutely necessary to the use of th plaintiffs for Irrigation and eUlIn flu that ln him the thc years r 1893 M and IBM the thc defendant by reason of cor tunnels dug smear near time the channel of Mid anti creek anti and along the springs that feed Intercepted and cut off of the u how of f the tho water and pre vented It from flowing and seeping into nto said as heretofore tItus us diminish ing the ino flow the to great Injury of the tho plaintiffs lT ask that judgment by try decree to be granted that their rights to Ii the of springs be quieted and and that the defendants be lie perpetually enjoined from Intercept lag Irm or directing army any of the waters thereof In their answer the thc defendant say pay that they are now and have been the tho owner of certain mineral lands hands able for coal deposits and for the pur pose of developing theme them m In the year tho tue right to construct it IL tunnel through time tho coal lands timot n a tunnel 2400 feet fact hunt has been driven That lImM Ut Itt said water has come Caine Into It by percolation and amid that mild is not water feeding or sup supplying plying any or on nimy other source of water supply tributary to SIxMile creek H It IH is denied that the construction tion of the tunnel has caused the how howIn In SixMile creek to diminish und It ItIs ItIs Is further alleged that In lit time tho summer of owners of land Irrigated from SixMile creek finding out water vater was Its percolating Into that creek front from the said tunnel complained that said mas and so polluted us tin tinto to endanger tIme the Jives of persons using time tho water threatening to have tIme the al ni alleged nuisance abated and the of tile the Sterling Cool Coal and Coke Cuke company In conclusion time the defendants defendant allege It Is by ity development ap appropriation of if time thc wat water er Cr percolating In anti hewing flowing front from sard tunnel anti and that time the plaintiffs Iffs havo no imo right or title or Interest In raid waters |
