Show I IX IN W TEI TEll CaSI E. olf HI to Floor Flow Floi- of or ii Price 1 IU I nI Price April 10 Ju 10 Judge Judge ge Fer Ferdinand lunn Erickson has tendered an Important I decision In the th water case of oC the Wellington Canal company against t the Allred Ditch company involving the rights to almost all al the ho water of ot Price river used at Price and alon along the river river riv riv- er below here The Thc decision holds that the Allred Mired Ditch company Is the thc Joint property of the plaintiff and deren defendant ant the former Cormer owning o one fourth Interest and the latter three-fourths three that tho the defendant shall have hae the perpetual ual cal right to control manage e and operate op 01 crate erate the ditch to le levy leY Y on and collect I assessments to keep p the ditch at the capacity and an size to which it was enlarged by thc tho plaintiff eight feet at the bottom and from eighteen n in inches inches In- In ches to two t Ce feet t deep that thill the tho plaintiff has hos the tho right to How flow through the ditch ten tell cubic feet teet of ot water per 11 1 second the second the right bt being a n secondary one ono one and must pay to th the tho defendant one-fourth one of or all expenses incident to the management and maintenance of the ditch the lie money to be paid as the board of directors of or the d defendant company may direct The provides for lip e ap- ap of a n water wate commissioner by bylie the lie defendant with the approval of the plaintiff or b by the lie court If It the parties to Itt the thc suit cannot agree u acc who shall Khall put on suitable measuring weirs at th the Ibis head bead and anti terminus of or the ditch and antl at nl the lie various of diversion No Xo dams or OJ other oilier obstructions are arc to tobe tobe be bc placed In tho thio ditch at nn any time lime and the thc ditch I Is to 10 be he cleaned by the tho defendant when necessary ar arThe The commission commission com corn mission Is required to fut furnish n l bond of 1000 During each IrrIgation season season sea Sla son the commissioner shall after the tho defend t corn company's pany's stockholders have received seven antI and thir nine cubic feet a second second theli their primary right right give give h to the the plaintiff plain I tiff tIlt company's compans stockholder ten cubIc cubIc cubic cub cub- ic foot feet a second their second their right being belll or secondary secondary orr us as much of ot that amount as ns may mor r be left leCt In the ditch before before be be- fore Core the defendant receives receive more mo than Ihan seven even cubic foot per PI er second When the flow Is iH reduced reduced- to In the thc ary ur rights t defendant company g guts ts all nil the wat water r which shall he ho distributed among Its stockholders according to their interest In It at Intervals not miot exceeding ox- ox eight days days- The This defendant company Is la perpetually enjoined t from Crom Interfering In on any ta way war with the plaintiffs plaintiff's right to the U use le of or the waters of or the river Each Bach party part to tn th 3 suit cult Is 18 required to pa pay its own witnesses the other oIlier r costs of uC the tho case caKo to 0 he be paid equally by hit litigant |