Show I FIX FX WATER YATER TITLES I OF SEVIER SYSTEM i I Greatest Suit of Kind Ever Filed Fied Ended by Morse Decree ACRES INVOLVED Great Settles Points In lii Noted Cn Caff I In iii Which More inre Than Thun rOO un P Parties rr J I Appeared Republican Special S Service Richfield May Tho Tho water suit Involving the right to the uso use of all ni the waters watern of or Sevier riv river tr ri r rand and Its Is tributaries and arid the springs embraced embraced em em- braced within th the tho system which has been beEn pending In the District court of o this county f for l' l several years came caine cameto cre creto to a termination Ve Wednesday nesda May ra 1 16 G when the decree was signed by the court and filed med This hh case is of more than or ordinary Interest fOI for several reasons It I Is without doubt the most complicated and Involved water case that ever engaged en- en paged aget the consideration consider of a court and anti r co covers a greater extent of or river system than nn any other case Over o er e filed The main stream tream anti and the c east t fork and Otter Oler creek creel Involve a total length th of almost miles and In addition there then were considered all 1 the tributaries tributaries tribu tribu- tarle of oC the these there streams tream Including the springs which In some cases as tributaries tribu tribu- aries are arc b by un underground sources The rue area arca under Irrigation from this system will wi amount amoun to probably 1110 acres and every family call caly cally in Garfiel Plute Piute an and Sevier Sevie counties countes Is affected by y the thc decree as ns aswell well ehi wel as the mining and manufacturing ing interests I it j Time in iii Court This case was filed Hied in August t 1902 O and has been before tho the court ut at In Intervals Intervals intervals In- In ever evor since It 11 I went to trial hial upon Its Is merits meris before Judge Charles harles V. W. Morse More of or Salt Luke Lake sitting at Richfield Decem December er II 11 1905 and was nas as practically concluded January Januar 13 13 i 1906 There were morn more mort than GOO OO parties partes to the suit hn find and they were ere represented at the trial by eighteen a attorneys t t em The case as originally brought contemplate contemplated con con- template adjudicating the rights of or water oter owners in iii Sevier count county and antI upon Ullon the south fork Cork of Sevier river only but later latel It became apparent that thatto to settle sette the case once and for tor or all ali It I was necessary to bring In all persons using or claiming any water whatever what hat hat- ever belonging to the Sevier river drainage e basin which necessitated bringing into court more moie than additional ad at- parties partes including the Otter creek reservoir which Is the largest reservoir In the state of Utah The parties partle to this suit have been operating under more than twenty different different dif ferent decrees which were more or orles orless orless less les conflicting in their operation and andle le led to continual strife nut and dispute among the parties interested One great greato o object of this suit sui which has been ac accomplished oc- oc was sas to unify all al of these de dc rees 1 J Man an Points of or ofA I m c t 1 f fA A number of ot interesting legal ques qu- questions ques- ques tons arose during the pen enc of this action among them being that of the Sevier Vahle Valley Valoy Canal company which Joined as plaintiff in the case when it i was originally filed fed and after being a apart apart I part party to several pleadings as plaintiff withdrew from the case cas as plaintiff and entered it as a n defendant Another Another Another An An- other point was as the one raised a against the validity of oC the so-called so Johnson decree which was rendered In January January Jan Jan- uary 1901 on the ground that the court exceeded ed Its Is jurisdiction In dividing divid divid- ing lag the waters as between the tho parties partes plaintiff in the suit and anti sp specifying ci their rights when hen the pleadings In th the ca case e did not ask such division lon This question queston ques clues tion ton was strongly contested before th the ourt In the present case ant and it i was decided that the Johnson decree decree decree de de- de- de cree was isas invalid insofar as It at attempted attempted attempted at- at tempted to define the rights of the partes parties par pat ties tics tes plaintiff as between themselves The hue Great Another question queston that arose was 5 as asto asto asto to whether parties partes higher up on the thea I a ilver Iver who had for fOl roan many years taken talen out all al the thc waters water of the stream by means of a n tr dry dam at certain seaSons seasons sea sea- sons o of the year could be he compelled to share sharo their water ratably accordIng accordIng accord- accord Ing lag to the dut duty of or water upon land with wih parties partes lower down on the stream This perplexing question queston however was not passed posed upon by y the court but to adjust it the attorneys constituted themselves Into what was known during the course of the trial at the time Great of oC which S. S R R. hurman was the Great II High h Priest Tho The council counci met from day to today today day and with wih the assistance o of clients who vho were represented by y various committees com corn finally stipulated as ns to practically all of tho the i issues ues pertaining to the question queston an and the case th there le being only three or four tour side issues tried before beCore the court About five weeks was consumed consumed con con- coui- coui I in the tho work After Atar this was done ant and a great STeal volume of oC stipulations Lions tons had been filed fed thieve there yet remained remain remain- e ed a huge tas task to prepare the th findings of or fact and conclusions of law and the decree of court based upon the stipulations stipulations and anti the attorneys in II the case appointed Captain J E E. A A. Wedgwood who chose as ns his assistant S. S R R. Thurman Thurman Thurman Thur- Thur man to compile compie the rhe findings of or fact ant and conclusions of law Into the de dc- dc e- e cr cree e. e Cost Cot Huns to Thousands Time The costs Involved for Cor service servie of process printing filing and recording the decree in this action amounts to about exclusive of witness wines tees lees and the total costs of or the case cne IncludIng ing attorneys attorneys' lees fees fees must have amounted amount amount- ed to thousands of oC dollars when it is taken into consideration that the serIce service ser ser- vice rice of oC so many attorneys and committees commit commit- tees was employed for so long a time The attorneys of record in the case cose are Hayes Haes J J. J B B. B J j 1 and ant Jacob Johnson for tOe plaintiffs S. S R. R I Thurman hurman E. E E. E Hoffman hoffman Hoff hoff- man I I. I J. J Stewart G G. G T T. Bean Hot Hot- John G G. Jorgensen Samuel Page G G. G R n Bee Beebe e Knox Greenwood D D. D I D Houtz Snyder Snyder Dc Dey Stev Ste Ste- v vens euis ns M. M M. M r. r arner Varner arner W. W D. D Livingston Livingston Living Living- ston William Wiiliam E. E R W W. H 11 KI E. E A A. Wedgwood and und at nt one ond I time Judge John F F. F Chidester The Tho court made an nn order assessing the thu costs against t the tho different parties according to their interests re requiring re- re requiring quiring the clerk of oC the court to notify each party part art by y mall mal of ot his proportion o of or the time cost COt and that If the COts costs were not paid pal within thirty days daYH from the time of ot notice that Judgment bo be o en ent en- en t and docketed d against him him for or the amount which would th thereupon become a lien n on the tho water l by the part parly J |