Show BRIEF HISTORY OF WATER CASE one of more than ordinary ordina na y interest L cov r a perva it abut thre chrey and a half biar i anil and coit coat co it se several eral thousand rho wand dollar man llana interesting legal L al Que questions tion involved the water suit involving the right to the use of practically all the waters ot of the sevier river nver and its tributaries tributa ries and the tha springs embraced within the said river sy systems stenis which has been pending in the district court of count counte for several earh cune came to a termination on wednesday may IG INC faben ben the therein was a gued by the ourt and filed CASE this caso I 1 of diore than ordinary ordia ary interest from several standpoints it is IF without doubt the th most moat complicated and involved water case that ever engaged the consideration of court and covers a greater reater fi extent of river system than any other case evar filed the main stream and the ea ift eat t rork fork and otter creek alone involve a total length ot of nearly bao miles boiles and in faid addition thereto there was wag considered all the tributaries tributa ries ot of these streams including the spring sprine which in some oases cases BB as tributaries tributa ries are by underground sources the area under irrigation from ib this Is system s will amount to probably acres and every family practical i ly in garfield pluto and sevier counties is affected affect pd by the decree is as well as the mining and manufacturing inter este this case was filed in august 11 1902 and has been before the court at intervals ever since and went to trial upon its merits before ron hon charles W morse sitting as judge on december 11 1905 and was practically concluded january 10 ING the upwards of too 00 parties to the suit were represented at the trial by IS 18 attorneys MANY PARTIES INVOLVED the case as originally brought contemplated tem tom plated the rights of water owners in sevier county and up antho on the south fork of sevier river only tut on it became aj ar parent that to settle the case once and for all it akas a aa necessary to bring in as ad lit ional parties thereto all persons using or clu Llin ming any water whatever in anywise to the bevier river kiver Dral wige Da dacia iia which necessitated into court up api birds arils of ad parties including included the otter olter creel reservoir which is the largest in tue lue state of utah ah ahe alto rl to this suit had been operating under upwards ot oi twenty dit dif fei faient en t d decrees wh which i ch i ie ere remore more or I 1 less es conflict ius in their operation and nd led to continual strife nud and dispute imong t the tie p birties rt les interested find and one great object of this quit fult end and v bicci has been aclou plis tied N as to unify all allot of these decrees into one MANY MAN Y LEGAL A number of interesting legal questions mose klose during the pend eucy of action among them being that of the bevier valley canal compani who ho joined as a plaintiff in the cause when it ua originally filed and after being a party to several pleadings as plain luli hiir withdrawing mili draiNing from the case as a litiff and enter entering ilig it as a defendant a ut another point being beine the one abat atticks the he valid vaid vapidity ity of the to ho ailed johnson decree which was kas rendered january 14 loul on the around that the court exceeded its jurisdiction in dividing the fitters liters as between the parties plaintiff in said suit dud d specifying their respective tp when the plead luis in said cate dirt did not ask such division divi iian this question was contested cou tested be fore the i ourt in the present cabe abe ind and it was chilly decided that the said decree was vas invalid in so 46 it 11 attempted to define tile tie rights of abe respective parties plaintiff as between another question that aro ie 0 was Us aa to whether or not parties higher up on anthe the river who had for edwinv years taken out all the katr of 0 i lue be stream by means of a dry dani dam nt bertain seasons of the year could bu be compelled to share their water ra bly ably af cording to the duty of 0 water epou land with parties lower down on oil I 1 tie the stream this cerp perplexing axing question ioli b however however was not passed upon by tl ib bourt court but tr adjust tile the s same me abu tie attorneys itt in said cause constituted tatul ai alj into what was known calitri ng the course coarse of the trial tie BB abi ireat lr at of which hoo 1101 b thur mari was the great high vr t presiding oer the same d 1 roum ll met from day to ith ill the assistance of their client ho were cepres represented anted by vari litt nimit tees finally stipulated as 14 in lichy laically all of the issues perta t to said bald case there being I 1 1 or four side issues tried before I 1 burt about five weeks time built bin lii I 1 1 aim I consumed in said eaid work alter this was B done and a great volume of stipulations had been filed there yet remained a huge auge arsi to prepare iho findings of fact and con alti lons of law and decree ot of court see upon such stipulations and the attorneys in the case cage Fp pointed captin captain E aho vho chose choba as lis his wei si stant the hon S 9 R thurman tharman to compile such buch fin dinca of fact and conclusions clu elu ot of law into said deer tt and the systematic manner in which the work was done providing tor for the distribution tribu trib Uon ution of the waters to the many and aried int inte reste erets reflect fe great credit upon them the costs cost invoiced for or ervice of 0 process printing prin aud re cordine the decree in thin action amounts sni to abacut iwo e exclusive eclus ive zif ot fitness fees and the total lelal costs of the case including attorneys fees feed mast have amount od ed to thousand of dollars when it is taken into con consideration that the service gervice seri geri 0 of I 1 so ao many attorneys and coin coci mat mitte ebere were employed lor so long ions a time THE rT ORNEs the abe attorneys attorney of record in the ase ae pro ro as follows erick enokson ou hayes J B D jacu 9 jacob jonnson for plaintiffs S I 1 H thurmale Thur manE E Hoffmann IJ stewart Sta wart G jo ganen sam R leebe Leeb oKnox kno 1 greenwood D D boutz guyder k bayder uey Stev St erous oue M M d warner W D livingston Liv wm win E F Rydal cli W H king capt E A wedgwood and at one time judge john F Chi chidester deste r COSTS ASSESSED the court made an order as the boo costs against the different parties according to their interests requiring the clerk cleric of the court to notify each party by mail of his hib proportion of the same and that it such each costs were not paid within thirty days daye from the date of such notice that judgment dament ja be entered and docketed against him tor for such amount which won ad thereupon become a lion lien upon the water vater owned by sue such h party for the same |