Show COUNTY SEAT NEWS el EXCHANGE OF WATER UPHELD right ot of the upper blue bench district to exchange water from rock creek a tributary of the duchesne river tor for water irom from west fork of the lake fork river in order to irrigate acres of land la in duchesne county la Is upheld in a decision handed down by the state supreme court yesterday the ruling was written by justice J E prick frick district judge J N kimball who sat in place of justice A J weber dissented from the majority decision the decision sustains the judgment ot of the district court of duchesne county the case was ad appealed by the federal government iq behalf of indians with whom the irrigation company sought to make the exchange the tha supreme court points out that it is the paramount purpose ot of the utah statute to bring about the use of water so as to produce the greatest possible benefit to the inhabitants ot of the stati state and that every appropriator must yield to such object it if his rights are not apt materially injured by acquiescence the irrigation company originally intended to divert water from rock creek and to convey it by canal to its bards this was found impractical because of the formation of the rocks and the porous nature of 0 the soil along the line of the proposed canal application to make an exchange was granted by the state engineer in behalf of its wards the government then brought t suit in the district court trib tribune |