| Show Water Users File Suit Against Canal Company Suit has been filed med in the District Court In lit Millard County by more than ono hundred farmers and amI stockholders in tho the Delta Canal Cana Company In this suit all the stockholders stockholders stock stock- holders of the company who are not plaintiffs have been made deI defendants defendants de de- in the suit I This matter is of or such serious Importance importance importance im Im- not only to the farmers In InI I question but to the entire community ty that we wo believe it should be given given en full public discussion The Chronicle made made inquiries of the water users committee who are arc handling the matter for the tho plaintiffs plaintiffs plaintiffs plain plain- tiffs In the case for a statement of tho the reasons why this suit Is filed consisting of W. W W. W Perkins E E. E D D. Cady Earl B. B Seams and Wallace Holman have given given the following statement Millard County Chronicle I Delta Utah Gentlemen In response to your Inquiry o of the Water Users Committee under under under- the Delta Canal Company tho the reasons reasons reasons reas reas- ons why we and those associated with us have fIl filed d this s' s suit are substantially as follows During the irrigation season o of 1925 1926 there was a a serious shortage of water in the Sevier Bridge Reservoir Reservoir Reservoir Res Res- from which the Delta elta Canal Company gets its water The stockholders stockholders stock stock- hol holders ers of the Delta Canal Ganal Company Company Company Com Com- I pany who are using water have a aright aright aright right under their water stock certificates certificates certificates 1 to draw 1 acre feet per share each irrigation season Notwithstanding Notwithstanding Notwithstanding Not Not- withstanding this the farmers received received received re re- re- re but one acre foot per share some and ot vas oL tho lr ed to other parties who were not stockholders and as we wo are advised advised advised ad ad- the Delta Canal Company has ri no rio right to to do this The he w water ter users held meetings and nd selected us us as a committee to to investigate th the ma matter At the stockholders meeting of f the Delta Canal Company held hold at Delta on the day of January 1926 it developed that at the last las which was held January 1922 a resolution was 3 passed author authorizIng authorizing ing the officers of 01 the Delta Canal Cana Company to execute and deliver t to the Western L Land nd Development Development Company a n deed conveying to th the Western Land S Development Company Company Com pany a 1017 undivided interest in the tho Reservoirs canals canal and water stored in the On investigation it was found that tha such a deed had been executed delivered and recorded The reason given at the recent stockholders stockholder meeting why this deed was executed ed was that only shares shares' in inthe inthe inthe the Delta Canal Company had ever eve been IS issued or had ever drawn an any water We are advised by our counsel counsel counsel coun coun- sel that because no novater Water vater has hac ever eve been used in the Delta Canal Company Company Company Com Com- pany for this shares of ot un un- un- un issued stock that thAt such s stock has no value and does no not rep represent any valid water right Inthe In Inthe in inthe the resolution authorizing this deed the following sta ro is made Tho The present carrying capacity of the tho canals cana s end and distributing tern tem of this company tny Is Insufficient to deliver dellver under pr present conditions during the tho period ported of bf t peak demand the tho amount ot of atT T necessary nece ary to satisfy the of a. a all l its stockholders stockholders stock stock- stock stock- holders if s said id remaining shares were were applied to l land nd within I Ithe the segregation The c capital stock stolk of pI the Delta Canal Company Compan la t S 80 00 shares This deed decd ol ot fl conveyance authorIzes authorIzes authorizes author author- izes the Western Land Development Development Development Develop Develop- ment Company aad ad its Ita successors rG ro a-ro v l a. a o a-o which they may roni s o fit to use Water water water wa wa- ter this this of whatever water is in the Reservoir Reservoir- Every water user knows that Baal there was not sufficient Water rater oter in t the tha reservoir reservoir In n 1926 1925 to deliver dellver 1 1 11 acre feet per share to to the shares ghares of issued stock in the For this reason If In a ti 3 sE season son of ot low lov water I such as as 1925 the Vest Western ern Land Development Co Company pany and Its successors suc suc- successors sue can convey away from th the reservoir of what what- over water is in the reservoir it will wil take away from the water users user more than third one-third of the water wate I they have heretofore been using fo for forthe forthe the irrigation of their lands I If you make make- allowance for the add additional additional addi- addi ov evaporation and seepage which occurs In a dry year If the provision ns of this deed are carried out the farmers will not get more than of l tha 1 per share to which they are entitled I For or t these e e r reasons we wa have asked the the Court to cancel and annul this thi deed and nd to restrain t the e Western La Land d Development Company am amts and its ts successors In interest from conveying conveying con con- awaY away from the any water whatever until the water users are are first delivered their 1 f feet t per share The plaintiffs in this suit have no controversy with water users who are aro farming and irrigating from the Delta Canal Company ny We concede that hat such farmers have just as as good rights as we have and we therefore ask all such Luck farmers and and water users to join with with-us with vilh ua us in establishing our wat water fights r as as- above indicated by liy decree e of court Dated at Delta Utah this day o of Janu January y A. A D. D 1926 W W. v W W. Perkins E E. E D D. D Cady Earl F F. F Seams Wallace Wal ace H Holman lma i. i |
