OCR Text |
Show WATER SUIT DISMISSED BY JUDGE October 3, 1902, a decree settling tho water rights of Strong's canyon was lBBued by the district court, tho adjustment being made In the case of Ogden city against T. W Horn nnd others, one of the othor defendants defend-ants being tho Strong Canyon Water company Tho decree provided for the distribution of tho water according accord-ing to established rights to tho water as proved beforo tho court Sinco that time thore has been Borao trouble regarding the distribution distribu-tion Tho Strong Canyon Water company com-pany had a water master who distributed distrib-uted tho walor belonging to the company com-pany to the individual stock holders and Mr. Horn, one of the other defendants, de-fendants, took It upon himself tc make his own distribution Tho ' Strong Canyon Water company, a short time ago, complained that Horn was distributing the water contrary to the provisions of the decree of the court and they petitioned tho court to clto Horn before tho court to show cause why ho should not bo fined for t contempt. In answer to the order to "show couse," Mr. Horn stated that he was not Interfering with water belonging to the Strong Canyon Water company at all, but was using water that belonged be-longed to him personally, It having been appropriated by him prior to the time of the rights established by the company. The company claimed that ho had broken the banks of the ditch and turned a stream of water three inches deep and one foot wide from the ditch to his premises. The matter came up for hearing yostorday before Judge Harris and, after hearing tho evidence given by the water company, the court dismissed dismiss-ed the action without prejudice to Mr Horn. The company failed to show that Mr Horn did not have the right to divert the water In question. |