Show big hiff 6 water suit suil burnison Gur nison irrigation company vs Sterll Sterli Dg tig coal coke co ono of the most important water caspio eer on trial here waa wits corn com ni u en lett monday of thia this week by judge mccarty of the sixth ja in dicia district it ie is an action brought b the tion company etal against the tile sterling coal aim coke company c e et t nl al in tha the plaintiffs stiffs al lege that they are owners of land in near the town of gunnison and sterling which lands are unproductive witt a arli rii 6 lal irrigation that for moro than twenty ears inet last past the plaintive have been owners oan of F stream of wa ter gudld for irrigating their land known ue us Six Mila creek rising in the tile mountains east of sterling that the tile aliola of the water waters of Six Mila lri el and all its tribu lanee ie is absolutely nece liec senry essAry to the use of the for and culin culinary nry pur fur poses that in the years 1699 1899 and 1899 1609 tho the defendants by reason of certain tunnels dun near the he chan nel of eaid said creek along the springe spring that feed it have intercepted and out of the subterranean flow of the witter and prevented it froin fro in flow ing and seeping into eaid said creek aa as k the flow to the great injury of the P a affe plaintiffs ask that judgment by decree be granted that their rights to tho waters of eaid said springs be quieted and affirm ed and that the defendants be per enjoined from intercept ing or directing any of the waters water thereof tho defendants defend ante ans wrin eay say that they are now and bare have been the owners of certain mineral miner allando land valuably for coal deposits dep osite and for the purpose 0 of developing them th aln in in I 1 6 be he year 1896 obtained the right to construct a tunnel through the tile coil lanila lands and that a tunnel NOO 2100 feet baa has been driven that in run ning eaid said tannel water liaa has come into in to it by percolation and that 1 eaid said water ia is not water feeding fettling or bisp lipa plying any springs or any other source of water supply tributary to sixmile Six Mile creek it is denied that the construction of the tun nel baa has caused the how flow in six mile able creek to diminish ana ava it is a further alleged that in the sum mer of 1898 owners of land laal arri gated from six mile creek finding nut not that waitr wai percolating percola tinz in to anat creek from the said tunnel complained cornal lined that said water was in junous jurious and so polluted as a to en dauger the elivea of r using the water threatening to have the alleged nuisance abated and find the juicers of the sterling coal coat and cuke ouke company arrested lu con clu elusion ision the defendants defend ante allege that it ie is by development I 1 tion ion sod and of tho water flowing froni front baid isaid tunnel to a beneficent purpose the tile owners thereof and of all the th water percolating I 1 0 bad blowing fron bald said tunnel and that the plaintiffs plain have ro cr title or interest in in eaid said waters this case has been on ott trial all this week and still on trial and will very likely take ap up a portion of the coming wo wak k judge street of salt lake city is the attorney att oraey for the coal company and thurman mao reid cherry a are re attorneys attorn eye for tha the irrigation corn com pany the case jr one of great I 1 interest ti terest to the aarinen fart neri of abir com and each day during the trial the court room baa has been throated th routed red with wilh representative clil zena zene |