Show IN THE DISTRICT COURT OP TUB THE JUDICIAL DISTRICT OF THE STATE OF UTAH IN AND FOR MILLARD COUNTY fillmore irrilla boin company a corporation plaintiff I 1 I 1 ya fillmore Fill mord city a municipal corporation et al defendants it Is hereby stipulated by and bo be the plaintiff the fillmore irrigation company a corporation and the defendant Fill fillmore moro city a cipal corporation that whenever the volume of water flowing in chalk creek in millard Milla rrt county utah is 24 cu feet ot of water per second of time or less that then the defendant fillmore city la is owner ot of and entitled to usel use and divert from the 1 waters of said chalk creek 14 twenty fifths of tho the same and tile the other 10 fifths of the cateri and the right to use of the same belong to and is owned by the plaintiff the fillmore fillmore irrigation co 1 mcany and that each party is entitled to the use of the quantity of water herein stipulated that each I 1 IB outlined to during the entire period of time itu ini each cash and every year and it Is further stipulated that the dej de do 1 1 j fillmore Fill moro city is to deliver to tile the plaintiff fillmore irrigation co the slad 10 0 twenty fifths of oc said waters of chalk creek not ox ex boeding 2412 cubic feet of water per second of time at a point on the channel of said chalk creek known as the measuring gato gate located below what Is known as the old creamery and above the point on tile the channel ef iannel of said chalk creek where the waters are divided which run to the sink from the waters which flow to tile the old field and the reser vior each cach party Is to pay one halt half ot of the expense of installing and maintaining suitable measuring devices I 1 it la is further stipulated and agreed that whenever tho the waters waiters lit in said chulk chalk creek have a flow in excess 0 ot 2 4 2 cubic feet of water par sec ond end of time that the quantity of water in excess of 24 cu feet peri second of time is owned by and bo be longs to the plaintiff and it Is entitled to use and divert tile the same as aa against tho the defendant fillmore Fill moro city lt it la Is further stipulated that a to du cree of court shall be entered herein her a in in conformity with this stipulation settling and adjudicating the rights of tite plaintiff and the defendant Fill fullmore mora city to the use of the waters of said chalk creek and its tribu barles in this action and that neither parties shall recover costs as against the other I 1 dated this ath day of november 1921 1941 J A melville jr attorney for plaintiff wm I 1 13 illa gins attorney for defendant fen dant |