Show EXPLAIN DEGREE DECREE IN WATER VATER SUITS SOUS I t- t o Ogden Miles Hues and F. F S. S Richards i I Tell Council What hat It ItI ItY Y I All Means r IN THE HILL DITCH MATTER Knew Judge Morse Would Woold Rule 3 for lor Them Before Suit Started j As requested by hy a a. resolution of or the 4 city council Ogden Ogdon Hiles and F R S. S Richard counsel for thc tho city cily In matter mat mat- ter erR of f r Irrigation have ha filed mod with the cH city l' l recorder order what In their opinion Is th the r result of ot the recent decision of or w Judge Morse lorse o of the tho district court In Inthe Inthe Inthe the Progress suit as us respects the UtE city's r rIghts JJ rh h tl they state sUllO that the tilt decision of or Judge Morse orse Is that the city Is entitled entitled entitled en en- titled to divert through the Big Cottonwood Cot- Cot Cottonwood Cottonwood conduit during the season of or orlow rJ low water and ana under Its c contracts with J the Big Dig Ditch and Lower Loyer Canal companies companies com corn I sixtieths of or the water vater of tho the stream During DOlln high water of the irrigation season orv when tho the water does docs not ex exceed x ec- G 11 cubic feet per second th the ell city and the other companies are entitled entitled en en- titled to tn take to tho the capacity h of their tint city's cUy's contract contract contract con con- canals which under tilt tract with the canals canal Is CO 0 cubic feet cot I pet per second feet for tor the ni Dig Big Ditch DUeh j.- j. rights J and 30 10 cubic feet teet for Cor or the tho Lower Low Low- t J it 0 er tl canalI canal I. I Trout From Bl HI Big lh ll lt JI Company I t. t Tho city city's s counsel state that the c city as asserted ert ll 11 tights rights acquired from the of 19 G sixtieths BIg BIg- Ditch company compan I during the tIe first firM halt hair of the year IU and andt B t P 13 sixtieths In the second half haIC of or tho the year Y and from flom he Lower canal I 1 r. r 56 G sixtieths in the first half of or the v ii ir i. nl I fil 1 sixtieths for 01 the second I- I ij Ditch rights r 1 half l From o r the Hill which the cit city acquired it claimed 26 G In iii the first part of tho ho year ear and ami andr r S sixtieths during the tile second halt half Al At the tue trial counsel for fOI tho eft city conce conceded J that these claims of oC the tile cit city might ht be Justly somewhat abated I by 13 giving giving- the tile cit city i 1 17 i sixtieths from the tIO Big Miff Ditch rights six sixtieths from the Lower Lowel Canal Can and I 1 19 I sixtieths I r p from the Hill DItch h during the lie whole holo hoIe I f. f of or the calendar al' al year the tile found that Tho court however howe i I cit city was entitled tJ during the irrigation atlon P. P season to 1 i 1 sixtieths from lom the DIG Big I 1 Ditch and nid 58 S from the Lower LO Canal making making- 22 H sixtieths of or the stream to which the city Is entitled during which the court the Irrigation season eason October 1 fixed as flom rein April 1 to Could ot nt Water uter The Tho counsel st lc that they were not surprised that the li rights in the Hill Ditch should have been denied P The finding of ot the court in this matter matter mat mat- ter is IJ that the Hill Ditch supply of or I irrigating season a on arises arReS water in the 21 In the bed of or the Big DIg Cottonwood between the and from morn seepage bet f stream am dam at the head hend of or the tho DIg Big Ditch and P t the Mho upper Intake Intal I of if t th the lUll Hill Ditch and auth that It lt would be impossible to di divert dl- dl l- l 0 4 crt vert tho water due duc the Hut Hill Ditch into 4 tho Big Dig Cottonwood conduit Attorneys lilies Hiles amid and Richards t ex express cx- cx x- x press the opinion opinion- that this is ju justified justi Justi- tI- tI wasell well ell known to fled fId and that it H was the city authorities when hen the contract was made matJe with the tho Hill Hili Ditch owners rs in The rights were acquired because because be he- cause e In dry years car it was the cu custom tom L- L to let down don n the Big Ditch dam darn so o that the tle Hill lull Ditch could get it its iti water Ac Ac- c I I of or thc these e r-j r rights does awa away I with this obligation In an any future dry years year r When Stream Ave Arc high h. h The second part of the decision is that In seasons when the water In the exceeds 1 O cubic feet per second and is not over o cubic feet per second the panics with rights In the stream can take to the ca capacity capacity capacity ca- ca of the canals canalE A As A-A the city has tho Big DIg Ditch and Lower Canal right rights it can then lien take lak for th the first 60 cubic feet per second and for tor the other othel 30 cul cubic lc feet feN The decision Is also that the tho city 1 has the II right ht to w divert crt the waters from these two ditches notwithstanding ing the claim of or Rudolph Knudson I and Progress ss comp company nr to have it it- flow to their power po plant Ilant Xo No o decision is given gl as to rights In Inthe Inthe Inthe the non irrigating non season hut but this is left open for fOl further evidence c I |