Show NEW IN SEVIER BIGHTS OPENED piute diute interests protest against recent order by state engineer bacon about a week ago state engineer george M razon bacon issued an order to sevier river commissioner brice mcbride to release from the pluto reservoir sufficient water to make up the deficit ui in the sevier bridge rege vior which was is created when the nute was storing water when there was not direct flow sufficient to satisfy L fy a full supply to the water users timers under the higgins decree so fax far this order has ha not been complied with on account of a protest made against agam st it by the attorneys of the piute diute interests te rests the attorneys told mr bacon that if his recent order to mr mcendre water commissioner on the sevier system instructing lum him to turn down the stream certain water stored in the reservoir is earned outs out those holding land under the nute re reservoir i i bight just as well move off they declared that his action w was a without legal authority auth onty and informed I 1 him that they NN would ad advise ie their r clients to refuse the cam carrying ing out of the order under the higgins decree those obtaining water b virtue of it are entitled to a certain direct flow with no storage rights right while the piute diute interests have a storage right from froin the river it is contended by attorneys attorney for the piute diute interests that the water stored in their re was water above the higgins and morse decrees decree both of which are direct flow rights and come under the doctrine of beneficial aze they contend that during the storage months the piute diute interests had a right to store water above the f amount required to satisfy the hig gins and morse decrees decree and such water coming under those decrees as was not being used li the morse mome arid and higgins users it is contended further that if the water had not been stored it simply would hate haie gone down the stream and either have been stored in the sevier bridge reber reservoir voir or been w wasted isted mr bacons bacans letter to mr mcbride said if there has been in the river mer at times since march 1 such daily flow as would satisfy both these decrees then the balance goes to later appropriators and on das when both rights were fully supplied any surplus would go to the plute or sevier bridge reservoirs if the higgins de creo rights hate haie on some das lacked a 0 full supply while storage in the mute re reservoir nas mas taking place a credit in favor of the higgins rights would occur you are hereby instructed to turn down to the higgins rights any such credits in their favor as lour daill records may show it is the contention of the piute interests that no higgins decree water is in tho the piute diute reser re senoir Noir and therefore that none should hould be turned out the order of the state engineer to mr mcbride related to water which should have gone to the higgins decree rights on the days it was stored store 1 it was declared mr bacon listened to the complaints of the attorneys and told them thein as a he be had received no instructions from the court to the contrary he could do nothing but distribute the water according to decreed rights or the proposed determination the attorneys declared thel would file court proceedings ce if necessary to prevent present the turning of the water from the plute piute re reservoir senoir our attention is called by judge H 14 1 haves one of the attorneys for the nute interests that the water users under the morse decree are not a part in this ahn particular controversy |