OCR Text |
Show Sheriff Mitchell Awarded l$m Jjigisent Against City 0f Duchesne Diversion Off iver Allegedly J Hits Plaintiff's Water Supply UL sheriff Arzy Mitchell, "of Du-1 rti ".'me county, Monday was Hi rarded a judgment of $2,500 Vi l'a;nst the City of Duchesne, - Wording to R. Earl Dillman, jaorney for the plaintiff. iV, The decision by Judge R. L. ' Tockett, of the fourth judicial cirict ' was the outcome of a filed in January. 1949- in i-hich Sheriff Mitchell combined com-bined that the city, by destroy-his destroy-his point of diversion in Vjngipg the natural channel 'ft prse of the Duchesne river in til --:3, had interfered with his 71 ! jate'r rights. Sheriff Mitchell contended at lwl ;-e hearing last August that joss of water, caused by the ". diversion and resulting isola-1 ton from the river, had caused i to lose several years of : CTPS- Judge Tuckett- had had the 3t - ra;e under advisement since the hearing. Dillman said the city changed ". the course of the river because ! every year it overflowed its banks, and flooded homes in the southeastern part of the city. The diversion succeeded in stopping stop-ping the flooding, but caused serious damage to Sheriff Mitchell's Mit-chell's water supply. He continued that, prior to filing his suit. Sheriff Mitchell had talked to members of the ! Duchesne city council in an ef- i fort to find a solution to his P"oblem. No compromise could ' be reached. j E. L. Schoenhals, Salt Lake j City attorney, represented the ' city. |