| Show DEMAND FOR WATER ATER RIGHT Knudsen and arnI Bagley File Fie An- An City's Condemnation tion lion Proceedings PROPERTY WORTH This J Thoy Ilay Allege Will iii WJ Bc L Loss sa saIf If They Are e d t of if CotS Cot Col- ton nod Water u hr S I That is the value of the lie waters waIS of Jug Dig cr creek el owned own own- ed l by Ithem Is Is' the the- set up by hy H. H I. I Knudson his wife and Charles Bacley Dagley and wie wife In the tie answer filed ted i by hy th them m In the Third DI District court yesterday In the suit by Salt Sal Lal Lake e City which seeks sek s to con condemn therl the tho rl rights the tue defendants possess poses rho Tho answer answel states stallS that d defendants are the owners of a Hour flour four and roller roler mill mi known as the Big Dig Cottonwood Roller mIll which Is run mun nI b by water waterpower po power el supplied by the time waters o of Big Bg creek creck File fhe They lh deny n that thai the thin water they the are ure entitled to lo divert to generate power does not develop inore more th hufi i twenty Itc horsepower bulon but bul buton buton on the tIme contrary they as assert crl that It will wi g generate far ar horsepower horse horse- power They admit admi that hint after aCer using the water a portion o of It I Is permitted to pass back Into nto Big Cottonwood creek and thence down the creek to other users misers h They den deny that tho the plaintiff I la is ready realy or 01 willing to pay jay the true or any value for or their property Deny Courts Court's J Thc They allege that the time court has Imas no jurisdiction of ol the subject matter of this fiction action acton or 01 of the time Jer person on o of tIme the defendant The They claim that more than five thirty O c years yearn ears ago their grantors grantor and amid predecessors in interest appropriated d of the tue thou then then waters of or BI Big Cottonwood cr creek ck a quantity equal to more moru than two two- thirds of the time entire How ilow during the months month of June July August and amid ald September each cach year yeam al' al and a to more than tenths nine of II it I luring during the time remainder er of each and amid every o year ar and u used ed and ant appropriated c ed tho tIme sammie same Eme Ton tor tho the pUpo purpose e of gen gen- crating power for the lie of a aroler roller roler mill mil and ant have havo ever since use used and anti continue to use the time quantity of water o appropriated and that thit It I Is Ismore more than thamm to generate rate over IOU horsepower Th They allege that It I is necessary r to run the mill mi for Cor tho time benefit bene bene- fit Ot pf pC the time surrounding farmers and amid that it has lias been Jeen run for more than thirty years tars past past They rhey aver that the uses find and purposes C es CS for Cor which the tIme plaintiff seeks to condemn con con- the water are ae not authorized b bj by law lau and that the time court has hus no jurisdiction juris jurls- diction or power under unter th time tho provisions of chapter G 65 of the tIme Revised Statutes of Utah 1898 amid the time various en enactments en- en of the tho legislature amendatory amenda tor tory thereto to condemn the vater rights of or the time defendants len ants Tho all value of of tIme the property sought to b bu bum cl condemned II they twy nl allege g Is 80 0 o an and that If the time property properly Is condemned condemned con con- and taken takemi It I will ivill wi result In lii a total destruction of or the time flour mill mi and machinery owned by these defendants efen which are nrc of the time value of II Allege c No Xo Mude They further allege that prior to commencement of the lie action acton the time plaintiff failed a refused and neglected to o negotiate for the purchase e of the time property sought to be he condemned and novel never ne er at any ammy alY time or on any occasion offered or tendered to the defendants efen ants any amount or 01 value whatever for the thie rights sought to be condemned They rimey therefore ask a l that hunt time the tako take nothing by its lis is complaint mid amid that hint the time action acton be he dismissed or if It tho time court shin shall determine that the tIme plaintiff plain plain- tiff tH Is entitled to condemn time the n ants ant's rights to the time use of the waters sought ought ant and divert it I away asay them then that hat th they recover damages amage against the time plaintiff for the rl rights hs of tho time water sought ought to 0 be used tog together ther with the tho value of or the lie buildings machinery and on oh the lie lan lands s and premIses premises prem prem- the they own an and also damages which shall accrue to the time residue ue of or sid said premises not nol condemned or taken taken tak tak- en cn b by reason of time the diversion o of th tho he water from rom the time defendants defendant use which aggregate the time sum um of King Illig Burton King anti and Grant C C. Bagley ate arc ame attorneys for fOI the time de de- de- de fen an ts |
