Show JUDGE EnIC ERICKSEN KSEN GIVES DECISION IN wellington ALLIED D litigation district DIetr let clerk has received the decision of judge Fordi fordinand cand erickzon ErIc kHon kimn of the district court in the atar sater case of the wellington canal company against the allred ditch um pan As the case la in of considerable test to many readers of the ad locate ate the decision ie Is given in full that the eald said allred ditch ie Is the joint property a plaintiff and defend ant tho the former owner nn an undivided one fourth interest therein and the defendant owning an undivided abee tb tw fourth interest therein that defend ant shall have thu perpetual right to control manage and operate eald said ditch and to levy bev and collect such as i as may be required from time tr to time tinie to maintain repair roan man age and control aid said ditch that it i shall 1 be the duty of eald said defendant to ket kap p alid maintain eald said ditch at the capacity and anti eize size to which it wag wait en lagged by plaintiff eight feet ade at the boffin bot fin m and from eighteen inches to two feet deep that plaintiff plair tiff has the right to flow in and the eald said allred ditch ten cubic feet of water per second of time tho the same being a secondary right and shall pay to the defendant company ene ne fourth of all expenses incident to the management control and maintenance of eald said all red ditch to bo be paid at such time and in the manner ordered by the board of directors of tit said defendant that it shall be the duty of defend d ant under the direction and control of the water commissioner appointed by eald said defendant with the consent and on approval of or he the plaintiff or by the court in case citey cannot agree ne As hereinafter provided to immediately proceed to put in lace suitable mea men weirs ac an follo vH one at or near the head of the tile alrod ditch and anti one at the terminus nuj of eald said ditch and anti aln ln allie manner place at the points of diversion on an laid aid ditch self dividing weirs so constructed construe that they shall not obstruct the free flo flow 1 of tho the arter in the said allred ditch as its the same ahall shall belong to and b be used bi stockholders or other owner at points below euch such airs it shall also bo be the duty of the de fondant under tinder the direction of such c commissioner 0 to ta place at necessary and convenient points along the course of said ditth suitable gates tor for the of cleaning charting and washing oui out the tile channel ai tho same shall be deemed necessary bicaise be caise of the be accumulation of sand and aud debris deposited in fit the ditch during heh high ater season and from floods an ana freshets fres hotd during the bummer months no stockholder bolder or other p inson in son shall be permitted to place dams or other obstructions in the channel of tho tile bald said allred ditch for any purpose what whatsoever defendant coln company Pany shall perpetually keep and maintain such weirs as aforesaid to the aai approval of the commissioner who shall inspect said weira airs as ofin as raa nia be cessar nc or whenever requested to do so by any interested person or stockholder and shall annually nio tile a repart report in this case getting setting forth tho cor of said sala weirs together with such other information as he be in hia his judgment mav deem useful and proper tho the defendant company shall also make proper provision or the clean ing out ot of said allred ditch at the earliest practicable day each spring and it shall bo be its duty to clean out and repair said ditch annually before tho the irrigation be its duty to clean out and repair said ditch before the irrigation Iri gatlon season begins in or order that the quantity of water owned and there through by tho the said plaintiff and the said sald defendant may flow therein th tint thit it the defendant company at its annual meeting in february of each yar y ar shall appoint a commissioner who gaall havo have full power and author it to bilde the waters of price river cloning in ill and through said alfred allred ditch between the parties to this decree ere in accordance with their respect tive tights as hereinbefore sit forth said commissioner shall lo jo 10 such a p araon as will be acceptable to the welling wellingto i canal company plaintiff herein and in tho the bent said corn com panics parties plaintiff and defendant cannot agree upon a person for commissioner then ftp tl court shall appoint such corn com missioner said commissioner shall qualify quality by taking and sut subscribing scribing an oath of of flee lice and by giving a bond in the sura sum c of f c one no thousand dollars to bo be approved b the clerk of if this court conditioned for the faithful f of his duties as such which eald said oath and bond shall be filed Is in this cause by the clerk of this court during tho the irrigation season of each ear the commissioner shall after tho the defendant stockholders have been given seven and nine thirteenths cubic feet per mccond that being the primary right to which defendant Is entitled distribute to the plaintiff ten tell cubic feet per second or as much thereof aa as may be flowing in said all red ditch that beling a secondary right to which plaintiff is entitled beffie defendant ie Is given any wate ater over ver and above the eald said seven and nine thirteenths cubic feet of water per second when the flow Is reduced to the primary rights and thereafter so long ab u the flow doe does not exceed seven and nine thirteenths cubic feet of water per second of time the stockholders of defendant company shall be entitled to nil all of said water ind it shall be ba equitably divided amongst the stock holders of said defendant by distributing it to them in such a manner as the use thereof shall bo be most profit able and beneficial provided however that each stockholder tock holder shall be aeu tho the use of the water accor accordino accord diro lne to tn his interest therein at intervals not exceeding eight days that the defendant company its it of fibers lorvanis lor ger agents an and d employed emp loyes and each of them be and they tire hereby perpetu perpetually all and in joined from in ana an manner interfering with plaintiffs air acht ht to the use of he the water waters of the price river and its right to flow through the said allred ditch or canal in quantity and kanuer hereinbefore set out also from in any manner placing dams 0 oher other ob in said allred ditch thereby preventing the flow of plaintiff water down to ita its canal and to the lands of its stockholders that plaintiff company its it oin officers cers ser agents and employed emp loyes ana bacr of them be and aley are hereby pi ivi dually restrained and enjoined from in any way interfering with de fondants fend anfe right to tow flow water through the eald said allred ditch in quantity and and manner hereinbefore net set oui each bach party to this suit sult shall P pa ar 1 ite its own witnesses and tho the other cost costs shall be divided and paid equa equally liv by the bartles hereto |