Show J idae ca we MORSE fildes DECISION caslo 1 a ma 1 IN WATER CASE L AS E I 1 R ia ats of the several canal companies and individual users defined by decree of the district court judge C W mors of the third district court at salt lake ci cit sit for ex judge jacob johnson in the case of the rid ell canal company and others plaintiffs against the pioneer ditch company no 1 defend ta a involving the water rights of the price river and its tribu tributaries tributa tarie ries b liaa rendered id erad his decision which is now of record in the seventh judicial dib brict it courtat court at price and is as follows supplemental FINDINGS OF FACT tins cause came on regularly to be heard on oil the tile da d a of arch nop cipoll pa the question ano rescued reserved for final decision in the cree hereto heretofore fure entered herein to wit the permanent duly duty of water for the lands irrigated by the artie to thib tills action and the court having heard the proof pro deuced ced b the respective parties and the arguments of counsel and lit h conid tr ed the same sanie and the stipulation of certain of the par filed lit rl in and being now nov f fully ully aan advised ased in the premises makes nd d files th the fo following FINDINGS OF FACT first firt 1 hat all of th the parties to this action had due lite and legal notice tice of the tile tim and place of said li hearing caring that the following appearances were ere made at said hearing it IV r D it I 1 im ingston and willard hanson for the price rt riar er irn irrl comp my the tile successor in interest inter cut of the mammoth azes eror lor covil colpin con pin 11 and for the irrigated lands compan the or iiii lit interest int crest of james gourley the said W D lt langston iii t ston with arning his appearance for all of the parties lie represented at ong ial il trial to this case NV fj f r e for frank jerome robert A po ell sr S C row ilow 11 I 1 and S C II armon L 0 11 II effmann for leonard piro successor suc cesor hi in interest of robt tP oell jl k elegante tc successor in interest of ja jas hansen hiram lansen ansen enoah bryner and alma brner successors in lit interest of 0 ihn n brner lerona donate donato successor in iii interest to matt plant harles charles canera successor in in interest to u rhoades E T mes ones henn vannatta annatta and other heirs of J NT N vannatta deceased lul jul fesett successor in interest to charles lind and john pes etto jajeh bryner bra ner price realty company successor in interest to ase rh adas and jacob kofford robert A sn sti william II 11 ld idell ell successor of joseph tidwell and daniel dantel morgan tames janics pace successor to ann thomas henry br ner and J T vinelt E EA A 11 edan ed good for the price water com compa pati ii and represent n b gp P L IN ill plums ianis for the union pacific coal compan om pan and depre inting enting I 1 s R thurman for the rio grande wistern Rat bratlay lay com coin aa 1 and tat I 1 tali fuel company successor in interest of the ilas lila it nt valle valley coal loal company G GA A I 1 acron erson for the pioneer ditch company no 1 S A I king iong ong for S J harkness J 11 II eccles 0 G kimball rank ank kmil mini ill isiaah llewellyn J W matcalf J joseph aph castle T Thoi thomas nw V 11 illiam C burrows BurroN vs madsen bros u R G miller john c e J hn hit E inglis christensen bros bro Mo orle adre mith nettie taylor gardner J E inglis trustee jcsse jr ros david C burrows burros D W V II 11 donaldson donaldon homas bomas harriet lloyd wilson J J Cr brailer ailer orrin el edwd lit 11 Nf madsen adsen A sa the spanish fork east bench arri irrigation aaion company the cressor in lit interi interest st of henry gardner niel gardner Se reinus ardner 1 1 lster bradford theodore Dedrick ben pleasant brad rd 1 PJ j charles bradford and george 2 hanson known the N river ri er irrigation company compan john B 11 for the farnham ditch compan tile velling on canil catill ini pany albert E mcmullen cn and the tile inhabitants of the tile mn of N cliviston D D I 1 for spring glen irrigation cot compana compa nJ J IT rowley II 11 C 1 I 1 daid david gourley george smith sinith D fullmer james felsen 11 II J Stoic ll william miller J C if Son bere I 1 ray a y cook H epli binl mary i J tullen hiram bellows bellos charles S dane one thompson milo nillo perkins norg miller E M ecal J N and J inias mirtella IN 1 arf 1 for the tid tidwell ell canal coni compain pam the allred ditan oni pan I 1 o it 0 nef r ditch company no 2 price air and in iri aaion on c ii in schickery Sch eckery saca she a and joseph alica she a successors intern t i joseph ci lee vatcher charles jolin john 1 mfred grames albert grambs Gr atiles charles grames S jt e rac W 11 ull 11 malada morgan george ra roland land successor mcc cosor in inter on morgan and N S neilson successor cessor it interest of va 0 mil interest on gordon creek cani I 1 ahat hat one otic cubic foot per second of the tile wat witt r rs of the tile tice mer and its tributaries tributa rieb is sufficient and in not more than stiff int V nh 1 tj used ed with care prudence and ecot economy lotY to irria irrigate 6 a te each lit acres acre f lands of the to thi this action and of their rs in inte rt vt ed third ird I 1 hat all of the parties to tilis this action and all of tile suc odors ors it interest crest of parties to this action who hae have appeared at heanne heating hean heat nt except the price river irrigation com compan pati thc jhc irn ted lands land company the spanish fork east bench irrigation cot coin aly the he I 1 farnham artil lini ditch company the wellington canal conally l albet 1 r alc mcmullen llullen and the inhabitants of the tile to town n of wel wei won al e and entered into a 1 stipulation in in writing n c has 1 bui the tile fallo following 9 is 5 a 1 which idich L n filed it in the case and of N it is herein stipulated and agreed bv by and Iet between cc tile the ea boc cause or their successors in ill interest alio it cati SLI u agreement to be executed by ordies ori ies V at aa bet lell n t themselves 11 enis cives and without prejudice to the ragi rights it ot of i and all 11 f the tile their successors in in inter inac t P parties 1111 11 11 to this action or ill line not executed this agreement that the tile P parties arties to this and culi L 1111 of them then when there ib is stiff sufficient I 1 water ater flo ing it ri er so to do arc entitled to fill their canals fron tile 3 ot sani and when ten the I 1 waters aters rt nr er to their carrying capacity I 1 liver cr hall insufficient to fill become reduced so that they are arc ca ila 3 of the tile each cacti shall be entitled aej pities parties to this action tile then hall hac hae the tile right to take and have distributed to him hint or it 1 1 lr 7 ft ui in nr said 1 canal ca P pro rata share of the fl K aters tb of ot qaid proportion kopor on to the number of acre acres of land a as stated in said artt 0 datil 1 I im n I 1 him or it and the in as aters of said river cr fall 1 l the tile d du cited floii ig s to cach cacti of the birtles to this action hall all be rest 1 prOPOrtion proportionately atel aL according cording to tile acreage 0 owned tied bv each cacti as in tile 0 ill tells action and llen the tile aid 11 11 arn elcome reduced Ld t so that the same shall not be equivalent liitt alent in ill quantity t one second foot for each cacti ity aca aces ac es s of land alid mentioned in sam decree dell lell lr LL the tile junior rights shall tali be cut ot off in the order provided ded in ald decree L and when heti the waters aters of said aid river rier shall become rel 1 louled iced to a quanta less thin one second foot for cacti si sit t acres ot of land veel spooned fiLd in lit the decree lc ale of hlll this S action to be IC entitled to a prior nant gilt to the tile use of iter the said aid waters aters shall be distributed to the tile owners of suji prior rights in proportion to the tile number of acres owned by lac each is in said aid decree and anti it is aurther stipulated and agreed that tins this sUnu lation snail shall be lie entered of record and that the supplemental decree to be made lit this thi action arill be he made in accordance herewith dated this da day of march 1900 1909 and as conclusions OF LAW LAIN from froin the foregoing facts the court finds that A supplemental decree should be entered in thi this action fixing the tile duty dut of the waters nater of the price river and its tributaries tributa ries tor for the lands mentioned in ill the tile decree in this action a bioti owned by the tile parties to tins this action and thi their ir successors in lit interest and irrigated the chereb reb at one cubic foot per second for each lich si sixty sity ty acres thereof and tint thit the birties to this action and r successors in interest who are parties to the stipulation heretofore set forth in ill finding ako 3 are as is bL between teen themselves without allo tit prejudice to the rights oi 01 the tile other birties p arties to this action and their successors in iti interest are when N I 1 ien there is sufficient water nater how bloing tl ing in ill said price river and its tributaries so 10 to do 10 entitled to fill their re c finals to their barring car earn ring ing capacity ind when the tile said sald waters become reduced s so t tint li it the are arl to so fill sud siti canals then each cacti of said 1 birties sli sinal ial be entitled to and shall lia have e the right to take and have distributed to him or it through slid said ca canals iril a pro rata share of the tile filling falling waters r of said ind its said tributaries in ton tv on to the number of acres acre of land as I 1 stated in said decree to be owned in b him or it and as the waters aters of said aid river and tributaries fall the tilt quantity iii ritia flo how floine ing inq to each cacti bli shill ill be reduced proportionately according to the acreage owned in im each cach a as stated in said decree and in d N when it ell the said Nn anter waters ter shall hall become reduced so that the same sam C shall not be equi equivalent alLia in quantity to one cubic foot per for each cacti sit acres of said nid land then junior rights shall be cut off in the order provided in said decree and when the said aid waters shall become reduced to a quan tit v less than one cubic foot per second I 1 for each sixty sity acres of said aid land specified in said decree to be entitled I 1 to a prior right to the use of water nater then the said waters shall be distributed to tile oi owners tiers of such stich prior rights in proportion to the number of acres owned in each cacti as specified in ill said decree that the p birties it at tins this lita hearing should each pay the cost of their own I 1 witnesses supplemental DECREE in accord accordance ancL with tile the foregoing findings of fact and conclusions of law lan it is ordered adjudged and decreed a as supplemental to the original decree in ill alii this action first that all of the parties to tins this action were etc given and received due lite and legal notice ot oi the time tinie and place of the li heiring etring unon Iii cli this supplemental decree is based second S that alil future permanent dut ot of the waters aters of the price river and its tributaries involved in this action for the tile lands mentioned in the original in tins this action and owned by the parties to this w action tion and their successors in interest and irrigated the thereby reb is I 1 herein fi fixed fied ed and determined to be one cubic foot per tuond for each cacti tv t acres thereof and the original decree in this it ution tion I 1 is dereb modified accordingly third tint thit th it as between themselves them helLS and without prejudice to the die rights of the other parties to this action or their successors in interest in aret the till fOll following Illg 11 named birties I arties and their successors in interest ett to wit frank jerome jeronie robert A row ell sr S C powell S C ilar mon leonard piro successor in ill iti interest terest of robert NV powell A successor cesor in ill interest of james janies hansen ll ansen hiram hansen enoch breier and sam sani brnca successors in interest of john bryner ledotia donato successor in lit interest to matt plantz charles carrera car rera successor in interest to rii oinas rhoades E T jones ilear N anatta annatta and other r lion of J 11 II Nati vannatta Natta deceased paul Pcs setto or in interest to charles lind and john james br ncr arit price e realty compan successor in interest to sidge Rl rhoades loades and jacob jacol kofford robert snyder william IT if tidwell s of jo joseph eili Tj tidwell lell and daniel morgan james F pace st successor to nn thomas bienn orvner brn ncr and J r fitch 1 itch price water coni company panN L anion ilion pacific coal cal comani ni p rio grandc grande western coni company pa it utah fuel compan buc successor cessor in interest of the tile plea pleasant ant nalle coal company pioneer ditch company no 1 C S j T o J 11 II accles 0 ci G Kin kinball iball I 1 frank rank Kin kimball iball isiaah L llewelyn Llewel I 1 e ell hn tip J NN matcalf joseph castle 1 I I 1 II 11 I 1 thomas IN illiam C burrows NN L burrows madsen bros R G miller tiller john johnl L price john olm I 1 inglis christensen bros bro doorley Mo orley andrew st smith nith tettie N jakc cs tabor 1 gardner inal ingli h trustee jesse burrow david C burrows D NN 11 Holdaw oldna av W 11 II donaldson Donalds cn Tho thomas llewelyn Llewel hn 11 harriet 1101 allol wilson J N craner orrin el mer and acil ell ai M madsen spring glen irrigation company J II 11 rowlo C I 1 II 11 I 1 cook da david id Go gourley Gour lev george smith E D r ullmer ja james aias lefoll Niels MCI le loll 11 II J j stow ston ell N illiam miller J C 11 II ray co ok liand mary J totten bellows charles cor onberg doie dolic 1 nile 2 U perkins norg miller F bewell ME M ewell well T N kiln me jimes martella 1 tidwell I id ell canal company compan allred ditch J reservoir air and irrigation 1 pioneer boncer ditch company no N 2 price coni company pati cot J compan apan y slicker shea and josep it she a successors n in concluded on page six JUDGE C W MORSE GIVES DECISION at eca IN WATER CASE continued from page three tt brebt brebt of joseph N atelier lee vatcher charles vatcher jolin john A crockett alfred grames Gr atiles albart granias cs charles franics Grani cs george smith morgan george roland rland successor sor in in interest of william Willi atil morgan and all NL S leibon nl bihon successor in ill interest of R G millers interest on oil gordon crick cri ck ire lre when there is sufficient water flowing fl in said aid price ner rier and anti its tributaries u so to do 10 entitled to fill their respective iv ii c canals to their carr ing capacity and when the said aid vaters caters shall have hap iclona reduced io so that the tile are ire insufficient to so fill said ibid canals cat ial then cicil c icil of said parties shall hall be entitled to and shall hac the right to take and have di distributed tributes to him hini or it through said canals a pro rata share of the tile flowing fl waters of said tier and its said tributaries in ill proportion to the number of acres of land as stated in the original decree herein to be owned by him or it and as the waters maters of said qaid ner rier and tributaries fall the quantity 7 flowing to eacel hall be ile reduced according to the acreage owned 1 in is 11 stated in ill said decree and anti when the said waters shall become reduced so sn that the same anie shall not be equivalent in quantity to one lie cubic foot per second for cacti sitty sixty acres of said lands then junior rights shall be lie cut off in the order provided in said decree and when N lien the said gaid waters ater shall become reduced so that the same atile shall hall not be equivalent in quantity to one |