Show Trial date set in Duchesne Salt Lake water case A civil suit dealing with w a t e r filings made by Salt Lake City to water in Duchesne County has been set for trial April 27 at 10 a.m. THIS brought by the Salt Lake Wayne D. state engineer and the Utah Water and Power Board seeks a plena ly review of the decision of the state engineer in which he declared water applications and In these applications for water Salt Lake City sought to have appropriated 50 second feet of water during the entire from the Green River System through the Duchesne River and various tributaries of Rock Creek to for its municipal water system and to appropriate acre feet of water from the Green River System through the same creeks and to convey this water approximately 20 miles to the Provo River and on down to an impounding to be stored from March 1 to Aug 1 each OFFICERS OF the Duchesne County are joining forces with the defendants in a move to protect their water They reported to the Duchesne County Commission Jan the date of the pretrial in this held at the courthouse in civil that this trial will affect the water rights of all the Duchesne River and these officers asked if the county would aid with the financing of this court IN THE plaintiff lists chronological events in this water filings case as May the date plaintiff filed with the then state engineers two applications to appropriate water for domestic and municipal purposes and On the state engineer ved both these plaintiff was granted an extension of time in which to submit proof of application contemplated by the the last such extension of time was Jan 1953 to Jan j While this extension of time to submit proof was still in good the and before the expiration upon protest filed by the the Utah Water and Power charged lack of diligence on the part of the the state engineer on or about July served upon the plaintiff an order to show cause why said applications and should not be declared forfeited for plaintiff's failure to diligently prosecute said application to completion and fixed the time for hearing the order at Duchesne In this the plaintiff es it's legal counsel did appear in court and showed legal anu substantial cause why the application should not be and the state engineer before whom the matter was took the matter under UNDER DATE OF the state engineer rendered his decision in declaring the application forfeited as stated by the state some 25 additional See TRIAL DATE Page 10 TRIAL DATE from Page II years have since lapsed without further effort on the part of the applicant to finalize the The plaintiff charges that the decision of the state engineer forfeiting the application and in refusing to consider the evidence advanced by the plaintiff as to due is erroneous capricious and and not founded upon legal or equitable and by this seeks a plenary review of the decision of the state SALT LAKE CITY asks that the decision of the state declaring a forfeiture of water applications and be set aside and held naught and that the applications to be valid and subsisting with the priority which they had before the entry of such Motion to dismiss this complaint was filed in the Fourth Judicial District Court at by Dallin W. assistant Attorney for A. Pratt attorney and E. J. attorney for the This motion was taken under advisement by Judge Joseph E and denied 1962 AT THE the amended complaint was granted and the case wall be tried on the original complaint The county clerk's office reports no request for a jury has been |