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Show Final Decree Entered In Water Controversy Long Term of Litigation Closed By Supreme Su-preme Court Decision Consolidation of Interests Will Be Urged. On December 31, 1920, the final decree was filed in the district court at Manti, which terminates a long course of litigation over the water rights of Gunnison Valley. The suit was originally filed In 1910 by the Gunnison Irrigation, company, as plaintiff, against Charles P. Peterson, Parley Child, Joseph Christenson, W. H. Cribble and the Highland Canal company. The first trial w;as had before Judge John E. Booth, in 1912, from whose decision an appeal was taken to the supreme court. The questions Involved were so difficult and unusual that the su-- su-- preme court judges found points of disagreement) 'between themselves. By a majority opinion, however, the supreme court ordered the case sent back to the district court for further hearing on specific subjects. In March, 1919, Judge J. D. Call, acting judge of the district, conducted a hearing for a few days at Manti, and found it necessary to postpone the matter and appoint a commissioner to make observations and experiments experi-ments to enable him to decide the points required by jthe supreme court. Scott P. Stewart, an engineer engi-neer of Provo, was then appointed as a commissioner, and took charge of the distribution of the waters during dur-ing the seasons of 1919 and 1920. The report of the commissioner and the final hearing and arguments were heard before Judge Call last month, which resulted in . the final decree just filed. ' The adjudications are as follows: The Gunnison Irrigation company is decreed to be the owner of the following fol-lowing quantities of water from its reservoir, and from Sanpitch river, Six-Mile creek, Nine-Mile creek, and Twelve-Mile creek: ; ' 147.5 second-feet from April 1 to June 15. 114.3 second-feet from June 15 to October 1. 30.34 second-feet from October 1 to November 1. 10.00 second-feet from November 1 to April 1. Charles P. Peterson is decreed to bo the owner of second-foot from April 1 to October 1. Parley Child, Joseph Christenson and W. H. Gribble are decreed to be! the owners of 2 second-feet from April 1 to October 1. The Highland Canal company is decreed to be the owner of the following: fol-lowing: 120 second-feet from April 1 to June 15. 92 20-65 second-feet from June 15 to October 1. 10.00 second-feet from October 1 to April 1. The priorities of rhe rights are in the order as given above, the Gunnison Gunni-son Irrigation company being first and the Highland Canal company being be-ing fourth. The Gunnison Irrigation company Is required by the decree to use all of its reservoir water each year, towards supplying its allotments, allot-ments, and is allowed to take from the Btream flow only such additional quantities as is necessary to make up the remainder. The suit has been stubbornly contested, con-tested, especially as between the Gunnison - Irrigation company and the Highland Canal company. Numerous Nu-merous prominent attorneys of the state have appeared in the case from time to'time, including Hon. S. R. Thurman, now a supreme court justice; jus-tice; Hon. H. W. N. Whiteeotton of Provo, Gen. E. A. Wedgwood of Salt .Lake City, and Judge A. N. Cherry of Gunnison. The last three named attorneys and Judge John E. Booth died before the conclusion of the litigation. At the final hearing, the Gunnison Gunni-son Irrigation company was represented repre-sented by attorneys Judge Jacob Johnson of Salt Lake City and Lewis Larson of Manti; and Attorney J. W. Cherry of Mount Pleasant represented represent-ed the Highland Canal company. . It is understood that the final decree de-cree is substantially satisfactory to most of the parties. The fact alone that the rights of the respective parties par-ties are definitely fixed and made specific; is of great importance, and will do away with much of the. contention con-tention which has occurred in the past. , Now that the respective rights are judicially defined and each company knows exactly what it owns, the imperative im-perative duty ofoth is to consolidate consoli-date the whole water supply Into one system and company. By so doing, do-ing, a much better and larger' use of the waters can be had, the production pro-duction of the valley increased,' and the expense of maintenance and distribution dis-tribution reduced; and the people can be united in interest instead ot being constantly engaged in hostility hostili-ty and contention. There is no other one achievement which would result in more real, tangible, material benefits ben-efits to this valley than the merger of these irrigation companies, and it is the earnest hope of The News that the parties directly interested and in control of the situation will find a satisfactory basis for agreement. |