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Show WATER CASE IN DISTRICT COURT Yesterday afternoon. In Judge How-ell's How-ell's division of the district court, the demurrer to the uppeul from the decision de-cision of the state enmneer. Caleb Tanner, in the case of the Ogden River Riv-er Reservoir companv aaginst the I state engineer and Ogden City, was argued and the matter taken under I ad visement A few months ago the state engi-neei engi-neei granted Ogden Citj an extension I of time to establish Its rights to the 1 waters of the South Fork of Ogden river for reservoir purposed, the city having permitted Us richts to lapse q Ills failure to make the pioper development devel-opment in the time required by law jane" the Reservoir company took exception ex-ception to the decision on Ihe ground that It was contrarv to law City Attomev Valentine Gideon demurred de-murred to the nppea', claiming that it did not state tacts suflicient to constitute con-stitute a cause of action and that the district court has no jurisdiction In the matter of appeal from the state engineers decision in arguing the demurrer, Attomev Gideon contended that to review the action of the state engineer would be futile ns the court could not render a decision In the matter and that the action of the s'atr englnee) 'O'll.i not he affected by the court s ruling ludge John D Slurpbj attorney for the Reservoir company, boldi ''..i the action of the state engineer may be reviewed bv the district court to determine whether th'- official acted in accordance with the law in granting grant-ing additional tune In which to perfect per-fect a water right and that the ruling rul-ing of the court would be binding, the satne as in auy other action on law question This action before the court slmplv affects the prioiitv of riuhts. If the State engineer had the rlghl to 2rant an extension of time for lapsed filings to begin work then th" City's water rights will be prior to those of the - r v oil com pan 3 The Ogden River ReseTvoir com-Piny com-Piny has first tights lor Irrigation purposes and If the company's con-tentlon con-tentlon Is maintained, ii will have the first rlcht for the storage of water for any and all purposes, and the city will be without anv storage water right! |