OCR Text |
Show ORDER TO SHOW CAUSE IN THE DISTRICT COURT OF IRON COUNTY. UTAH In the Matter of the General Determination De-termination of the Rights to the Use of Water, both Surface and Underground, in Escalante Valley Drainage Area South of the Town of Opal, including but not limited limit-ed to Pinto Creek. Shoal Creek and Tributaries Thereto, and the Beryl and Milford Underground Water Areas. Upon reading and filing the petition of John C. McGarry, owner of the following water rights in the Beryl Underground Water Area, to-wit: 2.0 af.s. of water represented by application No. 16525 for the irrigation of the east one half of the northwest quarter of Section 22. Township 35 South of Range 17 West, S.L.M. - and which petition alleges that water user's claim based upon up-on and represented by the above Application No. 16525 was filed in the office of the Clerk of this Court, that the same is included In the proposed determination on file herein but that subsequent subse-quent to the preparation of said oroposed determination the State Engineer lapsed the said application appli-cation because a previous owner of said water application failed to pay an approval fee of $2.50 for the reasons in said petition more fully set forth and praying pray-ing that the within entitled Court make its order requiring said State Engineer to reinstate said application and approve the same upon receipt of said approval ap-proval fee which has been tendered ten-dered into Court for such purpose, so that said water right may be included In said proposed determination deter-mination as a pending application, applica-tion, subject to final proof; and vvhich petition now on file in the office of the Clerk of the within entitled Court at Parowan, Iron County, Utah, is hereby referred to fr further details and particulars; parti-culars; and good cause appearing to the satisfaction of the Court therefor IT IS HEREBY ORDERED, that the water users having water rights within the Escalante Valley Val-ley Drainage Area, including the Bery l and Milford Underground Water Areas, andor any other persons having an interest in the subject matter of the within entitled en-titled general adjudication proceedings, pro-ceedings, show cause, if any they have. In the Courtroom of the County Courthouse at Parowan. in Iron County. Utah, on the ISth day of March, '1953, at the hour of ten o'clock A. M. of said day. or as soon thereafter as counsel can be heard, why the CAurt should not proceed with a hearing hear-ing on said jH'tition and thereafter there-after make the order prayed for in said petition and as more particularly par-ticularly hereinbefore set forth. IT IS FURTHER ORDERED, that notice of this order to show cause and said petition and the hearing therein shall be given by publication of a copy of this order in the "Milford News", a newspaper having general circulation circu-lation in Beaver County. Utah, and the "Iron County Record", a newspaper having general circulation cir-culation in Iron County, Utah, for three consecutive issues next preceding pre-ceding the time fixed herein for : shewing cause; and it is ordered that such notice be given by ser-'vice ser-'vice of a copy of said petition and this order to show cause on the State Engineer of the State 'of Utah at least ten (10) days before the time fixed herein for showing cause. Dated this 11th dav of February, Febru-ary, 1'j53. WILL L. HOYT. Judge of the District Court, j Cline, Wilson and Cline, : Attorney s for Petitioner. I (Feb. 2b, Mar. 5, 12. 1953 1 |