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# IN THE FOURTH JUDICIAL DISTRICT COURT #
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# OF THE STATE OF UTAH, IN AND FOR UTAH COUNTY. #
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# PROVO RESERVOIR COMPANY, * #
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# A CORPORATION, * #
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# PLAINTIFF * #
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# PROVO CITY ET. AL. * #
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# DEFENDANTS. * #
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# D E C R E E #
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############################### 1921 ##################################
IN THE FOURTH DISTRICT COURT OF THE STATE
OF UTAH, IN AND FOR UTAH COUNTY
PROVO RESERVOIR COMPANY
A CORPORATION PLAINTIFF
VS.
Provo City, Lincoln School District, The Provo Bench Canal &
Irrigation Company, The Lake Bottom Canal Company, The Little Dry
Creek Irrigation, Creek Irrigation Company, The Upper East Union Irrigation Company,
The Timpanogus Canal Company, The West Union Canal Company, The East
River Bottom Water Company, Provo Pressed Brick Company, Utah-Idaho
Sugar Company, Zion's Savings Bank & Trust Company, Spring Dell
Resort Company, Wildwood Resort Company, South Fork Trout Company,
Sego Irrigation Company, Knight Woolen Mills, Provo Ice & Cold
Storage Company, Smoot Investment Company, E.J. Ward & Sons
Company, Wasatch Irrigation Company, Timpanogus Irrigation Company,
Extension Irrigation Company, North Field Irrigation Company
(Reorganized), Midway Irrigation Company, Charleston Irrigation
Company, Pioneer Irrigation Company, Sage Brush Irrigation Company,
Spring Creek Ditch Irrigation Company, Sunrise Irrigation Company,
South Kamas Irrigation Company, Washington Irrigation Company,
Utah Power & Light Company, First Ward Pasture Company, Fort Field
Irrigation Company, Heber Mercantile Company, Midway Waterworks
Company, Stewart Ranch, Corporations.
Ruth Hatch and A.C. Hatch, as executors of the last will and
testament of Abram Hatch, deceased.
Pauline Schemensky, Stephen Jones, F.T. Carter, Amos Carter,
Fermelia Young, D.G. Calder, J.E. Smith, Owen A. Baum,
Joseph T. Carter, Edith R. Buss, Wilford Penrod, William Gammon,
Abram L. Smith, A.L. Penrod, J.M. Buckner, T.J. Smith,
W.F. Richins, B.F. Alger, Clara M. Stubbs, J.C. Ivie,
Page -1-
Ann Carter, Thomas Thornley, John H Carter, D. W. Baum, Richard
Carter, D.N. Greer, Leo Baum, D. N. Penrod, Leo E. Smith, B.W. Baum,
A.L. Tanner, Eliza Carter, as administratrix of the estate of Aaron
Carter, deceased; Cora A. Shirts, as administratrix for the estate of
Benjamin Shirts, deceased; E.L. Dodder, J.W. Smith and Lettie York,
jointly as members of the voluntary association, not incorporated,
under the name and style of the Smith Ditch Company, and also as
individual tenants in common in the Smith Ditch and the right to the
use of water therein.
James L. Meldrum, John E. Booth, George James, Merrill Holden,
Louis James, Isaiah B. Lott, Benjamin B. Richmond, Joseph Faucet,
Walter Lott, Ada J. Hickman, and Elmer Meldrum, jointly as members
of a voluntary association , not incorporated, under the name and
style of Faucett Field Ditch Company and individually as tenants in
common in the Faucett Field Ditch and in the right to the use of
waters flowing therein.
Upton Hoover, W. E. Hoover, Webster Hoover, and Frank Hoover,
as partners, doing business under the name Excelsior Roller Mills,
George Baum, Hetty Young Goodman, L. W. Nuttall, David S. Park,
Verinus Carter, Matilda A. Carter, R. G. Carter, John H. Carter Jr.,
H. E. Young, Mary Ann Emmons, Levi York, James M. Downs, James M.
Bonny, Joseph Williamsen, Evan Williams, Mary E. Davis, Frederick J.
Pulham, N.H. Greer, Albert Snyder, Maggie Pearl Brown, Emily E.
Forsythe, Alma Brown, Charles H. Davis, J. Joseph Johnson, Marva
May Spencer, Louisa J. Brown, Joseph M. Brown, Parley Lewis Jacobson,
Alma J. Jorgensen, C. S. Rassmussen, Elizabeth A. Farrer, Ashted
Taylor, Olive Smith, E. D. Partridge, Arthur C. Candland, Mattie C.
Madsen, David H. Madsen, P. M. Madsen, Caroline H. Madsen, Parley W.
Madsen, Wilhelmina Madsen, George E. Madsen, George A. Madsen, Alma
J. Madsen, John W. Clark, Leroy Dixon George A. Clark, Minnie
Hamilton, Robert Kinnear, John E. Nielson, John E. L. Nelson,
Elizabeth Perry, John E. Lewis, John Ritchie, James Fisher, Anna T.
Nelson, Rachel C. Ferre, Daniel H. Halladay, Enoch S. Goddard, Henry
W. Goddard, Hannah m. Cook, Hansina N. Jepperson, Rudolph Riard,
Page -2-
Ada Young Littley, D. E. McBride, Robert Cordnor, Samuel Carter,
David Carter, Lafayette Carter, R. D. Young, Mary E. Downs, John H.
Emmons, William H. York, Esthma Tanner, Arthur Clyde, David Gourley,
Isabelle West, Hugh L. Syme, Mary A. Brown Rachel E. Davis, E. V.
Vincent, Wilmirth H. Brown, V. L.Bunnell, Lars Jacobson, as adminis-
trator of the estate of Lars Jacobson, deceased; James F. Clyde,
Albert Jacobson, Sarah Z. Williams, Earl J. Glade, as administrator
of the estate of James R. Glade, deceased; Robert Birkin, Arthur N.
Taylor, Milton H. Knudsen, Major Pierce, N. 0. Spaulding, B. H. Knudsen,
Reed J. Knudsen, Milton H. Knudsen, Andrew Knudsen, Herman Knudsen,
W. D. Lewis, Sam E. Bunnell, Lewis Marriott, John D. Dixon, Ellen C.
Johnson, George I. Taylor, Mary A. Cook, D. L. Vincent, Dominicus
Snow, S. E. Perry, Franklin Spencer Jr., Mary E. Cox, Walter Cox,
Isaac P. Nelson, James E. Fisher, George W. Halladay, Robert Boardman,
John J. Massey, J. W. Bates, George T. Peay Sr., Samuel S. Bailey,
Hannah C. Leonard, Edwin S. Hinckley, Charles Conrad, James R. Hooks,
John W. Hoover, Daniel Peay, J. A. Spencer, Lucian N. Hinckley,
Hyrum Heiselt, Charles Giles, Charles Thomas, W. W. Ercanbrack,
Alexander Cordner, John H. Gordon, Rose Gordon, John H. Gordon Jr.,
James A. Loveless Jr., Joseph V. Smith, Henry V. Smith Jr., Henry V.
Smith, James C. McClellan, John R. Stubbs, W. W. Ferguson, Peter
Boyce, Charles H. Taylor, J. C. Whiting, Wilford Van Wagener, Edward
V. Vincent, administrator of the estate of Charles Vincent, deceased;
Heber City, Midway Town Corporation and Town of Charleston,
acting as a voluntary association, not incorporated, and doing
business under the name of Heber light and Power Plant; Emma Wherritt,
Joseph Hatch, Mary Davis, Jacob Berg, Frank Fraughton, Anton Olson,
Andrew Olson, Mary A. Davis, John W. Carlile, Joseph Wright Murray,
S. C. Peterson, James Duncan, Mary Ann White, as administratrix of
the estate of Thomas White, deceased; William Lewis, John Swift
John Leffler, Abe Leffler, Henry Bisel, Abe Leffler Jr., Hyrum Moon,
Millie Leffler, Mary A. White, Heber Moon, Frank Turnbow, Leslie
Murphy, Benjamin Turnbow, Marshall Leffler Louis Bisel, Nephi Moon,
Page -3-
William moon, Henry Fraughton, Fleming Barrows, Frederick Peterson,
Milton 0. Turnbow, George Sizemore, William Sizemore, Charles
Fraughton, Alvin Leffler, Mrs. Julia Potts, Lyman Gines, Riley
Fitzgerald, Owen Ellis, Samuel Gines Jr., Esther Webb, Rasmus Larsen,
Ola W. Larsen, Niels Larsen, William Larsen, Mims Lark, as adminis-
trator of the estate of William Lark, deceased; William Lemon, Mary
Hunter, Jack Bates, Harold C. Best, C. T. Swan, Timothy M. Murphy,
Julia M. Davis, Fannie E. 0. Spencer, John Buttery, Joseph Morris,
Waldemer H. Peterson, Mary Davis, Thomas S. Lowery, Samuel Lowery,
Richard Wellington, George B. Jordon, Isaac R. Baum, John Burrows,
Adolphus Sessions, Bishop Corbet, Mrs. Frances Page, John Bradshaw,
Annie Jones, Mrs. Julia Padfield and Sons, Ernest Prescott, Alma
Nielsen, Vincent Sheppard, William Sheppard, James Ure, Richard
Lambert, B. H. Knudsen, George 0. Ellis, James Lefflar, Mary Pace,
Ernest Turnbow, James A. Knight, Joseph Abegglen, Frederick Remund,
Mark Jeffs, George Nelson, E. R. Bronson, James B. Hamilton,
Jesse Nelson Jr., Jesse Nelson, Orson Hicken, Alfred L. Alder, James
T. Alder, W. W. Alder, J. M. Casper, James Casper, William N. Casper,
George R. Carlile, Elisha Webster, J. R. Allen, John Allen, Arthur
Allen, T. W. Al len, John H. Murdock of Charleston, Samuel McAffee,
John M. Ritchie, Henry F. Watson, George Edwards, George Daybell,
George W. Daybell, Fred Daybell and Robert Daybell, as partners,
doing business under the firm name of George Daybell and Sons;
William Daybell, Charles Thacker, Joseph R. Murdock, John O. Edwards,
P. W. Edwards, John B. Fowers and Elizabeth Fowers, as executors of
the last will and testament of John Fowers, deceased; George Edwards.
Thomas Winterton, Joseph Wright, William Winterton, James L. Wright,
Hyrum Winterton, William L. Van Wagoner, Phillip L. Ford, Effie Haws,
Jobn Sweifel, T. DeVera Smith, as administrator of the estate of
Phillip L. Smith, deceased; Ulric Abegglen, Chris Mitchell, Felix
Martin, J. E. Peterson, John Buhler, William Bonner, John Huber,
John Kummer, Gotlieb Buehler, 0. P. Mathews, Alice Schaer,
Page -4-
Henry Watkins, Nephi Huber, Joseph Huber, J. Brigham Wilson, Andreas
Burgener, Frederick Forrer, D. A. Gibson, Jacob.Kummer, David McGimpsy,
Thomas Monks, Henry Zenger, Mary Schoni, Joseph Schoni, Maria Mitchell,
Cordelia Wilson, George Wilson, James Wilson, George H. Prescott,
Amos Prescott, Jed Prescott, Heber Prescott, Mrs. Thomas McNeil,
Emily Prescott, Mrs. 0. A. Page, B. G. Kirkham, Mrs. J. W. Kirkham,
Thomas Naylor, Ernest H. Horton, Erminnie C. Cummings, Lavina E.
Murdock, William T. Averett, Addison E. Averett, Joseph D. Avarett,
Eustatia Averett, John H. Averett, Edna A. Murdock, Leona A. Bonner,
Rosina Kummer, Edward Kummer, John Kummer, Frederick Kummer, Elizabeth
Hamilton, Salina Foreman, Henry T. Coleman, as administrator of the
estate of Nathan Springer, deceased; C.A. Springer, Jane McD. Johnston,
William Johnston, John A. Johnston, Henry T. Coleman, James Amicome,
Johanna C. J. Anderson, Jacob A. Baum, Elder Baum, Lafe Baum, A. M.
Conrad, S. S. Cluff Jr., William Cluff, M. B. Cutler, Fred Davies,
L. L. Donnon, Andrew Forsythe, Thomas J. Foote, Anna Glade, Herbert
D. Jobb, Lars Jacobson, David Johnson, Lewis Jacobson, Reed J.
Knudsen, Benjamin H. Knudsen, Daniel B. McBride, Brice McBride,
Edwin A. Madsen, Alice Rambaud, Samuel Rieske, A. F. Snyder, Caleb
Tanner, George Taylor Jr., Jane Williamsen, William C. Williamsen,
Anna Elizabeth Abegglen, Barbara Buttery, John E. Berg, Christy Bisel,
P. W. Barnes, E. L. Brown, Mary Hamilton Caamoers, A. S. Carlile,
Emily Cormack, Maggie Hamilton Campbell, Samuel Gines Sr., Abram
Gines, Ellen Gines, Theodore Hmilton, David Hamilton, Vermont Hatch,
Edwin Hatch, James A. Hamilton, William Hamilton, George A. Huntington,
George R. Hardman, Alonzo A. Hicken, Neils J. Johnson, Mrs. Anna
Lunceford, Heber Moon, John Murri, Levi M. North, Betsy Olson, John
V. Probst, William L. Prescott, James Prescott, S. A. Peterson, James
Pyper, Charles H. Rampton, John W. Stubbs, Earl Stringfellow, Harold
Schear, George Schear, Polly W. Schear, William Winterton, Parley
Gines, Rosel Leffler, George R. Hardman Jr., John T. Moon,
I.E. Brockbank, administrator of the estate of John E. Booth, deceased,
Emma Kummer Bond, administratrix of the estate of Jobn Kummer,deceased;
Christeen Fraughton, administratrix of the estate of Henry Fraughton,
deceased; James Hamilton, administrator of the estate of James B.
Hamilton, deceased; Dermont Huffacker, administrator of the estate of
D. S. Huffacker, deceased; Defendants.
Page-5-
D E C R E E OF THE C O U R T
This cause came on regularly for trial, before the Court, sitting
without a jury, before the Hon., C. W. Morse, presiding, on the
6th day of June 1916 upon the complaint of Plaintiff, taken, as con-
fessed by the Defendants, J. R. Allen, John Burrows, Fleming Barrows,
Peter Boyce, Sam. E. Bunnell, Robert Birkin, John W. Carlile, Bishop
Corbet, Arthur Clyde, Mary A. Cook, George A. Clark, Samuel Carter,
Robert Cordner, Arthur C. Candland, John W. Clark, LeRoy Dixon, Owen
Ellis, Mary Ann Emmons, John H. Emmons, W. W. Ferguson, Emily E.
Forsythe, Elizabeth A. Farrer, Henry W. Goddard, Edwin S. Hinckley,
Lucian N. Hinckley, Orson Hicken, William Johnston, Mark Jeffs, Jane
McD. Johnston, Annie Jones, Frederick Kummer, Mathias Knudsen, Millie
Leffler, Neils Larsen, Richard Lambert, Leslie Murphy, successor to
George 0. Ellis, Parley W. Madsen, George A. Madsen, Wilhelmina
Madsen, James F. McClellan, sued as James C. McClellen, Mrs. Ju.Iia
Padfield and Sons, Emily Prescott, Amos Prescott, Mrs. Frances Page,
Daniel Peay, George T. Peay Sr., Major Pierce, C. A. Spririger, T.
DeVera Smith, as administrator of the estate of Phillip L. Smith,
deceased; John Sweifel, George Sizemore, William Sizemore, Vincent
Sheppard, William Sheppard, Adolphus Sessions, Joseph V. Smith, Henry
V. Smith, N. 0. Spaulding, John R. Stubbs, Charles Thacker, James Ure,
Edward V. Vincent, administrator of the estate of Charles Vincent,
deceased; D. L. Vincent, Richard Wellington, James L. Wright, William
A. York, Levi York, H. E. Young, Arthur N. Taylor, John H. Gordon Jr.,
James R. Hooks, Linoln School District, by reason of their failure
to appear and plead or answer thereto within the time prescribed by
law, and upon the answers and cross complaints and counter claims of
the several Defendants.
A. C. Hatch; A. J. Evans; Jacob Evans; A. L. Booth; Thurman,
Wedgwood &, Irvine; and Wedgwood, Irvine & Thurman, appearing as
counsel for the Plaintiff.
Jacob Coleman; E. E. Corfman; Mathonihah Thomas; J. B. Tucker;
C. C. Richards; and Franklin S. Richards, appearing as counsel for
the Defendant Provo City.
W. W. Ray; Grant C. Bagley; and Whitecotton & Dobbs for the
Provo Bench Canal & Irrigation Company.
J. E, Booth, for the Defendants;
The lake Bottom Canal Company; West Union Canal Company;
The East River Bottom Water Company; Wildwood Resort
Company; Zion's Saving Bank & Trust Company.
E. E. Corfman, for the Defendants;
The Little Dry Creek Irrigation Company; Spring Dell
Resort Company; Fort Field Irrigation Company.
Young, Snow, Ashton & Young, for the Defendants;
Utah-ldaho Sugar Company; Zion's Savings Bank & Trust
Company.
E. E. Corfman; J. W. Robinson; Grant C. Bagley;
and Harvey Cluff, for the Defendant;
The Upper East Union Irrigation Company.
W. W. Ray; and Grant C. Bagley, for the Defendant;
The Timpanogas Canal Company.
Harvey Cluff, for the Defendants;
Provo Pressed Brick Company; South Fork Trout Company.
E. E. Corfman; and J. B. Tucker, for the Defendants;
Knight Woolen Mills; Provo Ice & Cold Storage Company;
First Ward Pasture Company; E. J. Ward & Sons Company.
J. B. Tucker; and Jacob Coleman for the Defendant;
Sego irrigation Company.
E. E. Corfman; and Jacob Coleman, for the Defendant;
Smoot Investment Company.
Page -6-
Thurman, Wedgwood & Irvine,
and J. H. McDonald, for the Defendants;
Wasatch Irrigation Company,
Timpanogas Irrigation Company,
Extension Irrigation Company,
North Field Irrigation Company.
Morgan & Huffacker, and
Charles J. Wahlquist, for the Defendant;
Midway Irrigation Company.
Thurman, Wedgwood & Irvine; J. H. McDonald;
William S. Willis,
and W. W. Ray, for the Defendant;
Charleston Irrigation Company.
King & Nibley, for the Defendant;
Pioneer Irrigation Company.
Thurman, Wedgwood & Irvine;
J. H. McDonald, and
W. W. Ray, for the Defendants;
Sage Brush Irrigation Company,
Spring Creek Irrigation Company.
Charles J.,Wahlquist, for the Defendants;
Sunrise Irrigation Company,
Midway Waterworks Company.
Mathonihah Thomas; and
0. P. Soule, for the Defendants;
South Kamas Irrigation Company,
Washington Irrigation Company.
William S. Willis; and
J. H. McDonald for the Defendants;
Heber City,
Midway Town Corporation,
Town of Charleston.
E. E. Corfman; Story & Steigmeyer; .R. A. Wilbar;
Pierce, Critchlow & Barrett; and
John P. MacLane, for the Defendant;
Utah Power & Light Company.
Thurman, Wedgwood & Irvine, for the Defendants;
A. L. Tanner,
Esthma Tanner.
E. A. Wedgwood, for the Defendant;
Caleb Tanner.
Parker & Robinson, for the Defendant;
John W. Hoover.
E. E. Corfman, for the Defendants;
Upton Hoover; W. E. Hoover;
Webster Hoover; Prank Hoover.
Harvey Cluff, for the Defendants;
Benjamin B. Richmond; Alice Rambaud;
Charles E. Giles; William Cluff;
Charles W. Thomas; S.S.Cluff Jr.,
Charles S. Conrad; J. A. Baum;
W. W. Ercanbrack; Elmer Baum;
James Amicome; A.M.Conrad
Hyrum S. Winterton; Lafe Baum.
Page -7-
J. E. Booth for the Defendants;
William D. Lewis, B. W. Baum,
Ida Y. Littley, Charles Madsen,
Edwin A. Madsen, W. W. Ercanbrack,
Caroline K. Madsen, Daniel D. McBride,
Lewis N. Nuttall, Samuel Rieske,
Rudolph Riard, Pauline Schemensky,
David S. Parks, Stephen Jones,
F. T. Carter Amos Carter,
Permelia Young, D. G. Calder,
J. E. Smith, Owen A. Baum,
Joseph T. Carter, Edith R. Buss,
Wilf ord Penrod, William Gammon,
Abram L. Smith, A. L. Penrod,
J. M. Buckner, T. J. Smith,
W. F. Richins, B. F., Alger,
Clara M. Stubbs, J. C. Ivie,
Ann Carter, Thomas Thornley,
John H. Carter, Richard Carter,
D. N. Greer, Leo Baum,
D. N. Penrod, Leo E. Smith,
D. W. Baum, A. L. Tanner,
E. L. Dodder, J. W. Smith,
Lettie York, Branch Young Estate,
Thomas J. Foote Hetty Y. Goodwin,
Hyrum Heiselt, Albert Jacobson,
Louis Jacobson, Sarah Williams,
Annie Glade, Alma Jorgensen,
Andrew Knudsen, John D. Dixon,
R. G.Carter, David Carter,
R. D. Young, Lafayette Carter
Verinus Carter, Mary E. Downs,
J. M. Downs, James L. Meldrum,
John E. Booth, George James,
Merrill Holden, Louis James,
Isaiah B. Lott Joseph Faucett,
Walter Lott, Benjamin B. Richmond,
Ada J. Hickman Elmer Meldrum,
Reed J. Knudsen, Louis Marriott,
Lars Jacobson, Isaac P. Nelson,
Benjamin H. Knudsen, William. C. Williamson,
Eliza Carter Ashton, administratrix of the estate
of Aaron Carter, deceased.
Cora A. Shirts, administratrix of the estate of
Benjamin Shirts, deceased.
Allen T. Sanford, for the Defendants;
Branch Young, Hetty Y. Goodwin,
IdaYoung littley, Rudolph Riard,
Daniel D. McBride Louis W. Nuttall,
David S. Parks, M. B. Cutler,
Brice McBride.
J. H. McDonald, and
Charles J. Wahlquist, for the Defendant;
Johanna C. J. Anderson
J. H. McDonald for the Defendants;
E. D. Partridge, J. E. Smith,
Frederick J. Pulham, Olive Smith
Henry V. Smith Jr., Ashted Taylor,
George Taylor Jr., Isabell West,
Jane Williamson, Andrew Forsythe,
N. H. Greer, David Johnson,
J. Joseph Johnson, Stephen Jones,
Charles H. Davies, Mary E. Davis,
James M. Bonny, Fred Davies,
D. W. Baum Maggie Pearl Brown,
Wilmirth H. Brovm, Joseph M. Brown,
Louisa J. Brown, Mary A. Brown,
James F. Clyde, E. V. Vincent,
Evan Williams, Hugh L. Syme,
A. F. Snyder.
Page -8-
Morgan & Huffacker, for the, Defendant;
Wilford Van Wagenen.
King & Nibley, for the Defendants;
Arthur P. Allen, Samuel McAffee,
John H. Murdock, J. W. Allen,
T. W. Allen, Wilford D. Wright
Chase Hatch, for the Defendants; Joseph Euber,
Betsy Olson, Anton Olson,
Thomas Lowery Samuel Lowery,
Nephi Huber, Jacob Huber,
Edwin Hatch, Vermont Hatch,
Abram C. Hatch, Minnesota A. Dodds,
Jane H. Turner, Lacy H. Farnsworth,
Joseph Hatch, George Schear,
Ruth Hatch, John M. Huber, administrator
of the estate of John Huber, deceased.
Jay H. Stockman, for the Defendant;
Barbara E. Buttery.
Morgan & Huffacker, and
Charles J. Wahlquist, for the Defendants;
John U. Probst, Thomas Monks,
Felix Martin, David McGimpsey,
Orson P. Matthews, Gottleib,Buehler,
Andreas Burgener, William Bonner,
John U. Buehler, Henry T. Coleman
Frederick Forrer Elizabeth Hamilton
Polly Schear, James Hamilton,
J. Brigham Wilson Heber Mercantile Company,
J ohn Huber, Harold Schear,
George A. Huntington, Edward Kummer,
Jacob Kummer, Frederick Remund,
Emily Cormack, Stephen H. Smith,
Nephi Huber, William L. Van Wagoner,
Joseph Huber, Henry Watkins,
David A. Gibson, Henry Zenger,
James B. Hamilton, George Schear,
Alice Schear, Henry T. Coleman, adminis-
trator of the estate of Nathan C. Springer,deceased.
Mary Schroni, Joseph Schroni and Maria Mitchell,
heirs of Christian Schroni, deceased.
Cordelia Wilson, George Wilson and James Wilson,
heirs of George Wilson, deceased.
Rosina Kummer, Edward Kummer, Elizabeth Hamilton and
Salina Foreman, heirs of John Kummer, deceased.
J. H. McDonald, for the Defendants;
Joseph Morris, George B. Jordon,
John A. Johnston, Isaac R. Baum,
Mary Davis, Phillip L. Ford,
Levi M. North, Thomas Winterton,
Stewart, Stewart, and
Alexander, for the Defendants;
Harold C. Best, Charles H. Rampton,
Stewart Ranch, a corporation.
Henry Shields, for the Defendants;
John E. Berg, Julia M. Davis,
Page -9-
Charles J.Wahlquist for the defendants;
James A.Hamilton, William Hamilton,
Jennie Hamilton Summers, Jack Bates,
Ella Hamilton Snyder, Mary Hamilton Chambers.,
Maggie Hamilton Campbell, J.C.Whiting,
Mrs. Anna Lunceford, Theodore Hamilton,
David Hamilton, Lovica Hamilton Snyder,
Neils J. Johnson,
Mathoniah Thomas and Smith & Mcbroom for the defendant; L.L.Donnon.
Thomas & Soule for the defendants;
S.A. Peterson, Mary Ann Moon White,
Fred A.Peterson, Mary E. Pace,
Hyrum Moon, Heber Moon,
William Moon, Hettie J.Prescott Page,
Nephi Moon, Martha E. McNeil,
Christy Bisel, R.W.Barnes
Henry Bisel, Riley Fitzgerald,
John D.F. Bradshaw, Abram Gines,
Charles L.Gines, Samuel Gines Jr.,
Eilen Gines, Samuel Gines Sr.,
James Duncan, George R. Hardman,
Ernest H.Horton, William Lewis;
James Leffler, Marshall Leffler,
John Swift, William L. Prescott,
Ernest J.Prescott, Julia Potts,
Benjamin Turnbow, Frank Turnbow,
Mary A.White, Milton O.Turnbow,
Ola W. Larsen, William Lemon,
James A.Knight, Ether Webb,
Rasmus Larsen, John Leffler,
James Prescott, Abram Leffler Jr.,
Abram Leffler, sued as Abe Leffler,
George O. Ellis, Henry Fraughton,
Christeen Fraughton, administratrix of the estate of
Henry Fraughton, deceased; Minns Lark, administrator
of the estate of William Lark, deceased; Mary A.White,
administratrix of the estate of Thomas White, deceased;
Heber Moon, Rosel Leffler,
Parley Gines, George R. Hardman Jr.,
John T. Moon.
William S.Willis for the defendants;
Eustatia Averett, Alfred L. Alder,
Ulrie Abegglen, John D. Averett,
Addison Averett, William T. Averett,
John H. Averett, Joseph F. Abegglen,
E. R. Bronson, E. L. Brown,
George R. Carlile, James Casper,
J. M. Casper, William N.Casper,
William Daybell, P. W. Edwards,
John O. Edwards, Georoge H. Edwards,
Ermina C.Cummings, Joseph Hatch,
Lavina E. Murdock, Edna A. Murdock,
Leona A.Bonner, John B. Fowers,
William Bonner, Chris Mitchel,
Joseph R. Murdock, Phillip L. Ford,
George Nelson, Jesse Nelson,
John Kummer, Jesse Nelson Jr.,
J. E. Peterson, Thomas Winterton,
Emma Kummer Bond, Elizabeth Hamilton,
Page-10-
James Pyper, John M. Richie,
John W. Stubbs, Elisha Webster,
Harry F.Watson, William Winterton,
Mrs. E.L. Hanks, T. Fred Winterton,
Hyrum S.Winterton, Moroni Winterton,
W. D. Wright, Ellen C. Wright,
Joseph S. Wright, William H.Winterton,
William L. VanWagoner, John H.Murdock,
John VanWagoner Jr., Emma Wherritt,
Felix Martin, John U.Buhler,
Frederick Remund, James T. Alder,
W.W. Alder, George Daybell,
George W. Daybell, Fred Daybell,
Robert Daybell, John Murri,
Alonzo A. Hicken, Hyrum Winterton,
John B. Fowers and Elizabeth Fowers, as executors of the
last will and testament of John Fowers, deceased;
Joseph B. Hanks, administrator of the estate of Mrs.
E. L. Hanks, deceased;
Dermont Huffacker, administrator of the estate of
D. S. Huffacker, deceased;
Emma Kummer Bond, administratrix of the estate of
John Kummer, deceased;
Anna Elizabeth Abegglen, Earl Stringfellow.
And the Court having heard the evidence from time to time and
considered the same and the records and files herein and the argu-
ments of counsel, and having heretofore made and filed its findings
of facts and conclusions of law in writing as above set forth and
being fully advised in the premises and in all and singular the law
having been fully complied with, now, therefore it is ordered con-
sidered and adjudged and decreed and the Court does hereby order
consider and adjudge and decree:
-1-
That, J. R. Allen, John Burrows, Flemming Barrows, Peter Boyce,
Sam E. Bunnel, Robert Birkin, John W. Carlile, Bishop Corbet, Arthur
Clyde, Mary A.Cook, George A.Clark, Samuel Carter, Robert Cordner,
Arthur C.Candland, John W. Clark, LeRoy Dixon, Owen Ellis, Mary Ann
Emmons, John H. Emmons, W.W. Ferguson, Emily E.Forsythe, Elizabeth A.
Farrer, Henry W.Goddard, Edwin S.Hinckley, Lucian N.Hinckley,
Orson Hicken,William Johnston, Mark Jeffs, Jane McD. Johnston,
Annie Jones, Frederick Kummer, Mathias Knudsen, Millie Leffler,
Neils Larsen, Richard Lambert, Leslie Murphy, successor to George
O. El lis, Parley W. Madsen, George A. Madsen, Wilhelmina Madsen, James
F. McClellan, sued as James C. McClellan, Mrs. Julia Padfield & Sons,
Amos Prescott, Mrs. Francis Page, Daniel Peay, George T. Peay Sr.,
Major Pierce, C.A.Springer, T. DeVera Smith, as administrator of the
estate of Phillip L.Smith deceased, John Sweifel, George Sizemore,
William Sizemore, Vincent Sheppard, William Sheppard, Adolphus
Sessions, Joseph V.Smith, Henry V.Smith, N.O. Spaulding, John R.
Stubbs, Charles Thacker, James Ure, Edward V. Vincent, administrator
of the estate of Charles Vincent, deceased; D. L.Vincent, Richard
Wellington, James L.Wright, William A.York, Levi York, H.E.Young,
Arthur N.Taylor., John H. Gordon Jr, James P. Hooks, Lincoln
School District; have and each of them has no right, title or
interest whatsoever in or to the waters of Provo ttiver or its tribut-
aries, or any part or portion thereof, and are not entitled to
divert or use or in any manner or at all interfere with the said
waters.
Page -11-
-2-
That, under this decree the Provo River System is subdivided
into divisions,viz:
THE PROVO DIVISION, and
THE WASATCH DIVISION.
The Provo Division includes all that area below and including
what is known as and commonly called the Wright Ranch, which is near
the head of Provo Canyon, in Wasatch County,State of Utah.
The Wasatch Division includes all that area above what is known
as and commonly called the Wright Ranch, and
That the Wasatch Division is subdivided into Districts, viz:
The First District,
The Second Disttict, and
The Third District.
The First District, includes that area of said division from
and including what is known as and commonly called the Stewart Ranch
down to the Hailstone Ranch, and
The Second District includes that area of said division from
and including what is known as and commonly called the Hailstone
Ranch down to and including what is known as the Midway Upper Dam,
and
The Third District includes that area of said division from
what is known as the Midway Upper Dam, down to what is known and
commonly called the Wright Ranch..
The rights to the use of water in the PROVO DIVISION are
herein subdivided according to dates of appropriation and as stipu-
lated by the parties herein, and such subdivisions are designated
Classes A, B, C, D, E, F, G, H, I, and J.
The rights to the use of water within the WASATCH DIVISION
are herein subdivided according to dates of appropriation and as
stipulated by the parties herein, and such subdivisions are desig-
nated Classes First (lst), Second (2nd), Third (3rd), Fourth (4th),
Fifth (5th), Sixth (6th), Seventh (7th), Eighth (8th), Ninth (9th),
Tenth (10th), Eleventh (1lth), Twelfth (12th), Thirteenth (13th),
Fourteenth (14th), Fifteenth (15th), Sixteenth (16th), Seventeenth
(17th), EighteentH (18th), Nineteenth (19th), Twentieth (20th), and
"Wasatch Division Power Rights".
Page -12-
P R 0 V 0 D I V I S I 0 N
CLASS "A" RIGHTS.
-3-
That all of the flow of Provo River its tributaries, springs,
seepage and percolating waters, appropriated by the defendants and
the predecessors in interest of the plaintiff before May 12th, 1903,
for the pur-poses of irrigation, domestic and municipal uses and for
the generation of power. in the Provo Division, are herein denomina-
ted Class "A", and be and the same is, hereby awarded to the following
named parties; for the purposes of irrigation together with the,
number of acres of land and the Auty of.water per second foot upon
said land, for the purposes of domestic atid municipal uses gnd'for
the generation of power; in the quantities and for the periods
hereinafter set forth:
-4-
PROVO CITY 55-11001
(a) 2,058.6 Acres of Farm Land.
From May 10th to June 20th, Duty 57, 36.12 second feet.
" June 20th to July 20th, " 63, 32.68 " "
" July 20th to May 10th, " 70, 29.41 " "
(b) 499.91 Acres of City lots. 55-11002
From May 10th to Sept. 1st, Duty 50, 10.00 second feet.
" Sept, 1st to May 10th, " 70, 7.14 " "
(c) 16.50 second feet, during the irrigation season of each and 55-11003
every year. Which water has heretofore been used for irrigation
purposes by said City and for the generation of power by the Provo
Ice & Cold Storage Company a corporation, E. J. Ward & Sons Company
a corporation, Knight Woolen Mills a corporation, Smoot Investment
Company a corporation, and Upton Hoover, W. E. Hoover, Webster
Hoover , and Frank Hoover as partners doing business under the name of
Excelsior Roller Mills. And the said use for power purposes has
been under license and grant from said Provo City and at such times
and in such manner as has been made by mutual arrangements therefore,
(d) During, the non-irrigating season of each and every year, subject 55-11004
to the rights of storing water at the several reservoirs of the
plaintiff and defendants as hereinafter set forth, sufficient of the
waters of Provo River to supply the necessities of Mill owners upon
the Factory Race using water under license and grant from said City,
not to exceed 65 second feet.
(e) Said defendant, Provo City, is the owner of, and has the right 55-11005
to collect by its pipe line and Waterworks System as now located and
constructed in Provo Canyon, Utah County, Utah, and is entitled to
divert into its said Waterworks System and to convey and use for
domestic and municipal purposes at Provo City, Utah, and adjacent
Thererto, all of the waters of "South Guard Quarters Spring", which
arises in a ravine above the flume line of the Utah Power & Light
Company and below the ditch known as the Johnson Ditch, situate in
the southwest quarter section 33, in township 5 south of range 3
east of the Salt Lake Base and Meridian. Also, all of the waters of
all springs arising between the County Road as now located and used
and the flume line of the Utah Power & Light Company and down from
the County highway bridge crossing said river near the mouth of
Bridal Veil Falls to the west line of the northeast quarter of
section 5 in township 6 south of range 3 east of the Salt Lake Base
and Meridian excepting therefrom, however, all of the waters of
all springs which flow into or rise-in the Blue Cliff Canal and all
of the waters of Maple or commonly called Yellow Jacket Spring.
Page -13-
-5-
Timpanogus Canal Company, 847 Acres. 55-11006
From May 10th to June 20th, Duty 60, 14.12 Second Feet
" June 20th to July 20th, " 66, 12.83 Second Feet.
" July 20th to May 10th, " 75, 11.29 " "
-6-
Provo Bench Canal & 55-11007
Irrigation Company, 4,332.53 Acres.
From May 10th to June 20th, Duty 57, 76.01 Second Feet
" June 20th to July 20th, " 63, 11.82 " "
" July 20th to May 10th, " 70, 10.64 " "
-7-
Upper East Union 55-11008
Irrigation Company, 744.9 Acres.
From May 10th to June 20th, Duty 57, 13.07 Second Feet
" June 20th to July 20th, " 63, 11.82 " "
" July 20th to May 10th, " 70, 10.64 " "
-8-
Little Dry Creek 55-11009
Irrigation Company, 506 Acres.
From May 10th to June 20th, Duty 60, 6.43 Second Feet
" June 20th to July 20th, " 66, 7.67 " "
" July 20th to May 10th, " 76, 6.75 " "
-9-
First Ward Pasture 55-11010
Company, 147 Acres.
From May 10th to June 20th, Duty 60, 2.45 Second Feet
" June 20th to July 20th, " 66, 2.23 " "
" July 20th to May 10th, " 75, 1.96 " "
-10-
East River Bottom 55-11011
Water Company, 361.72 Acres.
From May 10th to June 20th, Duty 52, 6.96 Second Feet
" June 20th to July 20th, " 57, 6.35 " "
" July 20th to Sept. 1st, " 65, 5.56 " "
" Sept. lst to May 10th, " 70, 5.17 " "
-11-
Fort Field Irrigation 55-11012
Company, 574.28 Acres.
From May 10th to June 20th, Duty 80, 7.18 Second Feet
" June 20th to July 20th, " 90, 6.38 " "
" July 20th to Sept. 1st, " 100, 5.74 " "
" Sept. lst to May 10th, " 125, 4.59 " "
Page -14-
-12-
Lake Bottom Canal 55-11013
Company, 1,196 Acres
From May 10th to June 20th, Duty 80, 14.95 Second Feet
" June 20th to July 20th, Duty 90, 13.29 " "
" July 20th to Sept. 1st, " 100, 11.96 " "
" Sept. lst to May 10th, " 125, 9.57 " "
Utah-Idaho Sugar Company, 55-11014
Through the Lake Bottom Canal,54 Acres
From May 10th to June 20th, Duty 80, 0.67 Second Feet
" June 20th to July 20th, " 90, 0.60 " "
" July 20th to Sept. 1st, " 100, 0.54 " "
" Sept. lst to May 10th, " 125, 0.43 " "
Also: Is entitled to the use from Spring Creek and Provo 55-11015
River through the Lake Bottom Canal for the uses necessary
in the processes of its Sugar Bect Slicing Plant as now
located on its lands in section 2 and 3, township 7 South,
range 2 east, Salt Lake Base and Meridian.
From the 15th day of September to the 15th day of January
of the next succeeding year, 5.00 second feet.
-14-
Alma Jorgensen, 55-11016
Through the Lake Bottom Canal,25.00 Acres.
From May 10th to June 20th, Duty 80, 0.313 Second Feet
" June 20th to July 20th, Duty 90, 0.278 " "
" July 20th to Sept. 1st, " 100, 0.250 " "
" Sept. lst to May 10th, " 125, 0.200 " "
-15-
West Union Canal Company, and 55-11017
Pauline Schomensky, Stephen Jones, F. T. Carter,
Amos Carter, Permelia Young, D. G. Calder,
J. E. Smith, Owen A. Baum, Joseph T. Carter,
Edith R. Buss, Wilford Penrod, William Gammon,
Abram L. Smith, A. L. Penrod, J. M.Bucknor,
T. J. Smith, W. F. Richins, B. F. Alger,
Clara M. Stubbs, J. C. Ivie, Ann Carter,
Thomas Thornley, John H. Carter, D. W. Baum,
Richard Carter, D. N. Greer, Leo Baum,
D. N. Penrod, Leo E. Smith, B. W. Baum,
A. L. Tanner, E. L. Dodder, J. W. Smith,
Lettie York,
Eliza Carter Ashton, administratrix of the estate of
Aaron Carter deceased; and
Herbert D. Jobb, substituted for Cora A. Shirts, adminis-
tratrix of the estate of Benjamin Shirts, deceased; as
members of a voluntary association, not incorporated,
under the name and style of the SMITH DITCH COMPANY, and
also as individual tenants in common in the Smith Ditch and
the right to the use of water therein, to be diverted from
Provo River through the West Union Canal.
Jointly and undivided:
l,82O Acres
From May 10th to June 20th, Duty 57, 31.93 Second Feet
" June 20th to July 20th, Duty 63, 28.89 " "
" July 20th to May 10th, " 70, 26.00 " "
Page -15-
-16-
Carter Ditch Company 55-11018
John H. Carter, R. G.Carter, Amos Carter,
David Carter, R. D. Young, Lafayette Carter,
Verinus Carter, Mary E. Downs, J. M. Downs, and
Eliza Carter Ashton, administratrix of the estate of
Aaron Carter, deceased; as members of a voluntary associa-
tion, not incorporated, under the name and style of the
CARTER DITCH COMPANY, and also as individual tenants in
common in the Carter Ditch and the right to the use of
water therein, to be diver'ted from Provo Riv.er.through the
West Union Canal.
Jointly and undivided:
80.00 Acres
From May 10th to June 20th, Duty 52, 1.54 Second Feet
" June 20th to July 20th, " 57, 1.40 " "
" July 20th to Sept. 1st, " 65, 1.23 " "
" Sept. lst to May 10th, " 70, 1.14 " "
Said quantities to be distributed with a proper sized
irrigating stream, on rotation system.
-17-
Faucett Field Ditch Company 55-11019
James L. Meldrum, Ada J. Hickman, George James,
Merrill Holden, Louis James, Isaiah B. Lott,
Benjamin B. Richmond, Walter Lott, Joseph Faucett,
Elmer Meldrum, and I.E. Brockbank, administrator of the
estate of John E. Booth, deceased, as members of a.
voluntary association, not incorporated, under the name
and style of the FAUCETT FIELD DITCH COMPANY, and also
as Individual tenants in common in the Faucett Field
Ditches.
Jointly and undivided:
108.75 Acress
From May 10th to June 20th, Duty 52, 2.09 Second Feet
" June 20th to July 20th, " 57, 1.91 " "
" July 20th to Sept. 1st, " 65, 1.67 " "
" Sept. lst to May 10th, " 70, 1.55 " "
-18-
Barton & Young-Ditch. 55-11020
Owned as tenants in common, and the right to the use of-water
therein by:
(a) Brice McBride as the successor in interest and substituted
for Rudolph Riard.
29.60 Acres.
From May 10th to June 20th, Duty 50, 0.592 Second Feet
" June 20th to July 20th, Duty 55, 0.538 " "
" July 20th to Sept. 1st, " 63, 0.470 " "
" Sept. lst to May 10th, " 70, 0.423 " "
Page-16-
(b)Permelia Young 16.77 Acres 55-11021
and as the successor to the interests of the Branch Young Estate.
From May 10th to June 20th, Duty 50, 0.335 Second Foot
" June 20th to July 20th, " 55, 0.305 " "
" July 20th to Sept. 1st, " 63, 0.266 " "
" Sept. lst to May 10th, " 70, 0.240 " "
(c)Ida Young Littley 5.00 Acres 55-11022
From May 10th to June 20th, Duty 50, 0.100 Second Foot
" June 20th to July 20th, " 55, 0.091 " "
" July 20th to Sept. 1st, " 63, 0.079 " "
" Sept. lst to May 10th, " 70, 0.071 " "
(d)Hetty Y. Goodwin 5.00 Acres 55-11023
From May 10th to June 20th, Duty 50, 0.100 Second Foot
" June 20th to July 20th, " 55, 0.091 " "
" July 20th to Sept. 1st, " 63, 0.079 " "
" Sept. lst to May 10th, " 70, 0.071 " "
-19-
Park & Nuttall Ditch
Owned as tenants in common, and the right to the use of water
therein, by:
(a)M. B. Cutler, successor to, and substituted for Lewis W. 55-11024
Nuttall
21.60 Acres
From May 10th to June 20th, Duty 50, 0.432 Second Foot
" June 20th to July 20th, " 55, 0.393 " "
" July 20th to Sept. 1st, " 63, 0.343 " "
" Sept. lst to May 10th, " 70, 0.309 " "
(b)Daniel B. McBride, and as successor to Rudolph Riard 55-11025
14.60 Acres
From May 10th to June 20th, Duty 50, 0.335 Second Foot
" June 20th to July 20th, " 55, 0.305 " "
" July 20th to Sept. 1st, " 63, 0.266 " "
" Sept. lst to May 10th, " 70, 0.240 " "
(e) David S. Park 55-11026
44.60 Acres
From May 10th to June 20th, Duty 50, 0.892 Second Foot
" June 20th to July 20th, " 55, 0.811 " "
" July 20th to Sept. 1st, " 63, 0.708 " "
" Sept. lst to May 10th, " 70, 0.637 " "
-20-
City Creek Ditches
As tenants In common in the right to the use of water from City Creek;
(a)Lafe Baum, 7.50 Acres 55-11027
From May 10th to June 20th, Duty 57, 0.134 Second Foot
" June 20th to July 20th, " 63, 0.119 " "
" July 20th to May 10th, " 70, 0.266 " "
Page -17-
(b) Elmer Baum, 7.50 Acres 55-11028
From May 10th to June 20th, Duty 57, 0.134 Second Foot
" June 20th to July 20th, " 63, 0.119 " "
" July 20th to May 10th, " 70, 0.107 " "
(c) S. S. Cluff Jr.,9.00 Acres 55-11029
From May 10th to June 20th, Duty 57, 0.158 Second Foot
" June 20th to July 20th, " 63, 0.143 " "
" July 20th to May 10th, " 70, 0.129 " "
(d) Jacob A. Baum, 10.00 Acres 55-11030
From May 10th to June 20th, Duty 57, 0.175 Second Foot
" June 20th to July 20th, " 63, 0.159 " "
" July 20th to May 10th, " 70, 0.143 " "
(e) James Amicome, 4.00 Acres 55-11031
From May 10th to June 20th, Duty 57, 0.070 Second Foot
" June 20th to July 20th, " 63, 0.063 " "
" July 20th to May 10th, " 70, 0.057 " "
(f) William Cluff successor to Benjamin B. Richmond 55-11032
17.00 Acres.
From May 10th to June 20th, Duty 52, 0.327 Second Foot
" June 20th to July 20th, " 57, 0.298 " "
" July 20th to Sept. 1st, " 65, 0.262 " "
" Sept. lst to May 10th, " 70, 0.243 " "
(g) Alice Rambaud successor to Benjamin B. Richmond 55-11033
16.00 Acres
From May 10th to June 20th, Duty 50, 0.335 Second Foot
" June 20th to July 20th, " 55, 0.305 " "
" July 20th to Sept. 1st, " 63, 0.266 " "
" Sept. lst to May 10th, " 70, 0.240 " "
(h) Henry V. Smith Jr.,5.50 Acres 55-11034
From May 10th to June 20th, Duty 50, 0.110 Second Foot
" June 20th to July 20th, " 55, 0.100 " "
" July 20th to Sept. 1st, " 63, 0.087 " "
" Sept. lst to May 10th, " 70, 0.079 " "
(i) Provo Pressed 55-11035
Brick Company 40.00 Acres
From May 10th to June 20th, Duty 57, 0.70 Second Foot
" June 20th to July 20th, " 63, 0.64 " "
" July 20th to May 10th, " 70, 0.57 " "
-21-
Thomas J. Foote,11.00 Acres 55-11036
In section 25, township 6 South; range 2 East, Salt Lake
Meridian,
From May 10th to June 20th, Duty 57, 0.193 Second Foot
" June 20th to July 20th, " 63, 0.175 " "
" July 20th toMay 10th, " 70, 0.157 " "
Of waters from a spring to situate near said land.
Page -18-
Spring Creek,
As tenants in common in the right to the use of water from Spring
Creek and Provo River in Utah, County, Utah.
(a) Amos Carter 3.00 Acres 55-11037
From May 10th to June 20th, Duty 50, 0.060 Second Foot
" June 20th to July 20th, " 55, 0.065 " "
" July 20th to Sept. 1st, " 63, 0.048 " "
" Sept. lst to May 10th, " 70, 0.043 " "
(b) Lafayette Carter,4.55 Acres 55-11038
From May 10th to June 20th, Duty 50, 0.091 Second Foot
" June 20th to July 20th, " 55, 0.085 " "
" July 20th to Sept. 1st, " 63, 0.072 " "
" Sept. lst to May 10th, " 70, 0.065 " "
( c) David Carter,4.38 Acres 55-11039
From May 10th to June 20th, Duty 50, 0.088 Second Foot
" June 20th to July 20th, " 55, 0.079 " "
" July 20th to Sept. 1st, " 63, 0.069 " "
" Sept. lst to May 10th, " 70, 0.063 " "
(d) Eliza Carter Ashton, as successor to the estate of Aaron Carter;deceased,
9.52 Acres 55-11040
From May 10th to June 20th, Duty 50, 0.190 Second Foot
" June 20th to July 20th, " 55, 0.173 " "
" July 20th to Sept. 1st, " 63, 0.151 " "
" Sept. lst to May 10th, " 70, 0.135 " "
(e) A. L. Tanner, 30.00 Acres 55-11041
From May 10th to June 20th, Duty 50, 0.600 Second Foot
" June 20th to July 20th, " 55, 0.545 " "
" July 20th to Sept. 1st, " 63, 0.476 " "
" Sept. lst to May 10th, " 70, 0.429 " "
(f) Esthma Tanner, 55.67 Acres 55-11042
From May 10th to June 20th, Duty 50, 1.113 Second Foot
" June 20th to July 20th, " 55, 1.012 " "
" July 20th to Sept. 1st, " 63, 0.884 " "
" Sept. lst to May 10th, " 70, 0.795 " "
(g) James M. Bonny,6.00 Acres 55-11043
From May 10th to June 20th, Duty 50, 0.120 Second Foot
" June 20th to July 20th, " 55, 0.109 " "
" July 20th to Sept. 1st, " 63, 0.095 " "
" Sept. lst to May 10th, " 70, 0.086 " "
(h) Jane Williamson, successor to Joseph Wiilliams 55-11044
8.88 Acres
From May 10th to June 20th, Duty 50, 0.178 Second Foot
" June 20th to July 20th, " 55, 0.161 " "
" July 20th to Sept. 1st, " 63, 0.141 " "
" Sept. lst to May 10th, " 70, 0.127 " "
Page -19-
(i) Mary E. Davis, 12.05 Acres 55-11045
From May 10th to June 20th, Duty 50, 0.241 Second Foot
" June 20th to July 20th, " 55, 0.219 " "
" July 20th to Sept. 1st, " 63, 0.191 " "
" Sept. lst to May 10th, " 70, 0.172 " "
(j) James F. Clyde,17.25 Acres 55-11046
From May 10th to June 20th, Duty 50, 0.345 Second Foot
" June 20th to July 20th, " 55, 0.314 " "
" July 20th to Sept. 1st, " 63, 0.274 " "
" Sept. lst to May 10th, " 70, 0.246 " "
(k) Evan Williams, 3.51 Acres 55-11047
From May 10th to June 20th, Duty 50, 0.070 Second Foot
" June 20th to July 20th, " 55, 0.064 " "
" July 20th to Sept. 1st, " 63, 0.056 " "
" Sept. lst to May 10th, " 70, 0.050 " "
(1) Frederick J. Pulham,2 . 00 Acres 55-11048
From May 10th to June 20th, Duty 50, 0.040 Second Foot
" June 20th to July 20th, " 55, 0.036 " "
" July 20th to Sept. 1st, " 63, 0.032 " "
" Sept. lst to May 10th, " 70, 0.029 " "
(m) Hugh L. Syme, 11.00 Acres 55-11049
From May 10th to June 20th, Duty 50, 0.220 Second Foot
" June 20th to July 20th, " 55, 0.200 " "
" July 20th to Sept. 1st, " 63, 0.175 " "
" Sept. lst to May 10th, " 70, 0.157 " "
(n) N. H. Greer, 0.50 Acres 55-11050
From May 10th to June 20th, Duty 50, 0.010 Second Foot
" June 20th to July 20th, " 55, 0.009 " "
" July 20th to Sept. 1st, " 63, 0.008 " "
" Sept. lst to May 10th, " 70, 0.007 " "
(o) D. W . Baum, 8.00 Acres 55-11051
From May 10th to June 20th, Duty 50, 0.160 Second Foot
" June 20th to July 20th, " 55, 0.146 " "
" July 20th to Sept. 1st, " 63, 0.127 " "
" Sept. lst to May 10th, " 70, 0.114 " "
(p) Andrew Forsythe,24.69 Acres 55-11052
From May 10th to June 20th, Duty 50, 0.494 Second Foot
" June 20th to July 20th, " 55, 0.449 " "
" July 20th to Sept. 1st, " 63, 0.392 " "
" Sept. lst to May 10th, " 70, 0.353 " "
(q) Stephen Jones, 6.65 Acres 55-11053
From May 10th to June 20th, Duty 50, 0.133 Second Foot
" June 20th to July 20th, " 55, 0.121 " "
" July 20th to Sept. 1st, " 63, 0.106 " "
" Sept. lst to May 10th, " 70, 0.095 " "
Page -20-
(r) Mary A. Brown, 13.12 Acres 55-11054
From May 10th to June 20th, Duty 50, 0.262 Second Foot
" June 20th to July 20th, " 55, 0.238 " "
" July 20th to Sept. 1st, " 63, 0.208 " "
" Sept. lst to May 10th, " 70, 0.187 " "
(s) A. P. Snyder, 10.42 Acres 55-11055
From May 10th to June 20th, Duty 50, 0.208 Second Foot
" June 20th to July 20th, " 55, 0.189 " "
" July 20th to Sept. 1st, " 63, 0.165 " "
" Sept 1st to May 10th " 70, 0.149 " "
(t) Maggio Pearl Snyder, 1.62 Acres. 55-11056
From May 10th to June 20th, Duty 50, 0.032 Second Foot
" June 20th to July 20th, " 55, 0.029 " "
" July 20th to Sept. 1st, " 63, 0.026 " "
" Sept. lst to May 10th, " 70, 0.023 " "
(u) Wilmirth H. Brown,2.45 Acres 55-11057
From May 10th to June 20th, Duty 50, 0.049 Second Foot
" June 20th to July 20th, " 55, 0.045 " "
" July 20th to Sept. 1st, " 63, 0.039 " "
" Sept. lst to May 10th, " 70, 0.035 " "
(v) Joseph M. Brown,7.03 Acres 55-11058
From May 10th to June 20th, Duty 50, 0.141 Second Foot
" June 20th to July 20th, " 55, 0.128 " "
" July 20th to Sept. 1st, " 63, 0.112 " "
" Sept. lst to May 10th, " 70, 0.100 " "
(u) Charles H.. Davis,8.59 Acres 55-11059
From May 10th to June 20th, Duty 50, 0.172 Second Foot
" June 20th to July 20th, " 55, 0.156 " "
" July 20th to Sept. 1st, " 63, 0.136 " "
" Sept. lst to May 10th, " 70, 0.123 " "
(x) Fred Davies, 14.30 Acres 55-11060
From May 10th to June 20th, Duty 50, 0.286 Second Foot
" June 20th to July 20th, " 55, 0.260 " "
" July 20th to Sept. 1st, " 63, 0.227 " "
" Sept. lst to May 10th, " 70, 0.204 " "
(y) David Johnson, 17.30 Acres 55-11061
From May 10th to June 20th, Duty 50, 0.146 Second Foot
" June 20th to July 20th, " 55, 0.133 " "
" July 20th to Sept. 1st, " 63, 0.116 " "
" Sept. lst to May 10th, " 70, 0.104 " "
(z) Isabell West, and as successor to Szur Monson, 55-11062
9.36 Acres
From May 10th to June 20th, Duty 50, 0.187 Second Foot
" June 20th to July 20th, " 55, 0.170 " "
" July 20th to Sept. 1st, " 63, 0.149 " "
" Sept. lst to May 10th, " 70, 0.134 " "
Page -21-
(aa) Joseph Johnson, 4.85Acres 55-11063
From May 10th to June 20th, Duty 50, 0.097 Second Foot
" June 20th to July 20th, " 55, 0.088 " "
" July 20th to Sept. 1st, " 63, 0.077 " "
" Sept. lst to May 10th, " 70, 0.069 " "
(ab) E. B. Partridge,5.05 Acres 55-11064
From May 10th to June 20th, Duty 50, 0.101 Second Foot
" June 20th to July 20th, " 55, 0.092 " "
" July 20th to Sept. 1st, " 63, 0.080 " "
" Sept. lst to May 10th, " 70, 0.072 " "
(ac) Olive Smith, 5.00 Acres 55-11065
From May 10th to June 20th, Duty 50, 0.100 Second Foot
" June 20th to July 20th, " 55, 0.091 " "
" July 20th to Sept. 1st, " 63, 0.079 " "
" Sept. lst to May 10th, " 70, 0.071 " "
(ad) Ashted Taylor, 29.46 Acres 55-11066
From May 10th to June 20th, Duty 50, 0.449 Second Foot
" June 20th to July 20th, " 55, 0.408 " "
" July 20th to Sept. 1st, " 63, 0.356 " "
" Sept. lst to May 10th, " 70, 0.321 " "
(ae) George Taylor Jr. 10.19 Acres 55-11067
From May 10th to June 20th, Duty 50, 0.204 Second Foot
" June 20th to July 20th, " 55, 0.185 " "
" July 20th to Sept. 1st, " 63, 0.162 " "
" Sept. lst to May 10th, " 70, 0.146 " "
(af) E.V. Vincent. 10.00 Acres 55-11068
From May 10th to June 20th, Duty 50, 0.200 Second Foot
" June 20th to July 20th, " 55, 0.182 " "
" July 20th to Sept. 1st, " 63, 0.159 " "
" Sept. lst to May 10th, " 70, 0.143 " "
(ag) Louisa J. Brown, 10.19 Acres 55-11069
From May 10th to June 20th, Duty 50, 0.150 Second Foot
" June 20th to July 20th, " 55, 0.136 " "
" July 20th to Sept. 1st, " 63, 0.119 " "
" Sept. lst to May 10th, " 70, 0.107 " "
(ah) J. E. Smith, 5.00Acres 55-11070
From May 10th to June 20th, Duty 50, 0.100 Second Foot
" June 20th to July 20th, " 55, 0.091 " "
" July 20th to Sept. 1st, " 63, 0.079 " "
" Sept. lst to May 10th, " 70, 0.071 " "
-23-
That, the following parties are to be supplied from the waters 55-11071
arising below the, Lake Bottom Canal, and whose lands lie below the
Lands irrigated by the Lake Bottom Canal, and on the north side of
Provo River.
Reed J. Knudsen, Louis Marriott, Lars Jacobson,
Albert Jacobson, Isaac P. Nelson, William D. Lewis,
Benjamin H. Knudsen, William C. Williamson, Lewis Jacobson,
Page -22-
Jointly and undivided
60.00 Acres
From May 10th to June 20th, Duty 80, 1.00 Second Foot
" June 20th to July 20th, " 90, 0.88 " "
" July 20th to Sept. 1st, " 100, 0.80 " "
" Sept. lst to May 10th, " 125, 0.64 " "
-24-
Jacobson Ditch: 55-11072
That the following parties are to be supplied from the
waters arising in a slough in section 2, township 7 south, range
2 east, Salt Lake Meridian, and in the bed of Provo River, in said
section, except the main channel carrying water to the canal of the
Fort Field Irrigation Company.
Albert Jacobson, Lewis Jacobson, Annie Glade,
Sarah Wi1liams, Zion's Savings Bank & Trust Company,
Herbert D. Jobb, substituted for Cora A. Shirts.
Jointly and undivided:
63.00 Acres.
From May 10th to June 20th, Duty 80, 0.78 Second Foot
" June 20th to July 20th, " 90, 0.70 " "
" July 20th to Sept. 1st, " 100, 0.63 " "
" Sept. lst to May 10th, " 125, 0.50 " "
-25-
Madsen Ditch:
Of waters arising in three springs situate near Lake View
Depot in the Northeast quarter section 2, township 7 south, range
2 east, Salt Lake Meridian.
(a) Charles A. Madsen, 60..00 Acres. 55-11073
From May 10th to June 20th, Duty 80, 0.750 Second Foot
" June 20th to July 20th, " 90, 0.667 " "
" July 20th to Sept. 1st, " 100, 0.600 " "
" Sept. lst to May 10th, " 125, 0.480 " "
(b) Edwin Madsen, 40.00 Acres 55-11074
From May 10th to June 20th, Duty 80, 0.500 Second Foot
" June 20th to July 20th, " 90, 0.444 " "
" July 20th to Sept. 1st, " 100, 0.400 " "
" Sept. lst to May 10th, " 125, 0.320 " "
(c) W. W. Ercanbrack, as successor in interest to D. H. Madsen, 55-11075
Mattie E. Madsen, and the estate of Brigham Madsen, deceased.
33.00 Acres.
From May 10th to June 20th, Duty 80, 0.412 Second Foot
" June 20th to July 20th, " 90, 0.367 " "
" July 20th to Sept. 1st, " 100, 0.330 " "
" Sept. lst to May 10th, " 125, 0.264 " "
-26-
Andrew Knudsen 66.00 Acres 55-11076
In Section 4 and 9, township 7 south, range 2 east,
Salt Lake Meridian.
Of the waters arising in Provo River, below the Fort
Field Dam.
From May 10th to June 20th, Duty 80, 0.82 Second Foot
" June 20th to July 20th, " 90, 0.73 " "
" July 20th to Sept. 1st, " 100, 0.66 " "
" Sept. lst to May 10th, " 125, 0.528 " "
-27-
Provo Canyon Rights
(a) Johanna C. J. Anderson,30.00 Acres 55-11077
From January 1st to December 31st, Duty 60, 0.50 Second foot.
From Deer Creek, a tributary of Provo River, to be used on
lands now owned by her that lie along said Creek.
(b) Charles S. Conrad, and A. M. Conrad 55-11078
As co-partners and as successors in in terest to C. S. Conrad,
and J.R. Hooks.
104 Acres
From January lst to December 31st, Duty 60, 1.173 seoond foot
From South Fork Creek, a tributary of Provo River, to be used upon the lands now
owned by them and that lie along said Creek.
(c) L. L. Donnon 55-11079
From January lst to December 31st
For the irrigation of one acre of land, 0.017 Second foot.
Also; for the irrigation and sprinkling
of four acres of lawn, 0.080 Second foot
Also; all the waters of those certain springs arising on the
north half of the southeast quarter of section 34, township 5
south, range 3 east, Salt Lake Base and Meridian, for the
purposes of fish culture, the same, after being applied to such
use, to be by him returned into the Provo River.
(d) W. W. Ercanbrack 55-11080
22.00 Acres.
As the successor in interest of the South Fork Cattle Company,
From January 1st to December 31st, Duty 60, 0.367 Second Foot.
From South Fork Creek, a tributary of Provo River to be used
upon the lands now owned by him and that lie along said Creek.
(e) Hyrum Heiselt 55-11081
From January 1st to December 31st.
For the irrigation of two acres of land, duty 60, 0.033 Second foot
Page -24-
From Provo River, and to be used upon the lands, now owned by
him and that lie along said river.
Also; Is the owner and entitled to the use of a spring on his 55-11082
premises known as the "Heiselt House Spring", and a spring on
his premises known as the "Big Pipe Spring", and is the owner
and entitled to the use of one - half of the flow of what is known
as the "Joint Spring", situate on the "Steele Farm".
(f) John W. Hoover 55-11083
From January 1st to December 31st.
For the irrigation of 14 acres of land, situate near the head of
Provo Canyon and that lie along Provo River, Duty 60, 0.233
second foot which shall consist of the water from a small spring
on his premises and heretofore used by him and sufficient water
from the river which when added to the spring water to make up
the said quantity.
Also one-tenth of the flowing waters of what is commonly 55-11084
known as "Enoch Spring" and "Little Spring", not to exceed 0.17
second foot.
(g) Spring Dell Resort Company. 55-11085
From January lst to December 31st
Is entitled to the use of one second foot of the flowing waters
of what is known as the "Spring Dell Spring" arising on the
premises of said defendant in Provo Canyon, to be used for cul-
inary and domestic purposes, and said water to be used upon,
and only upon, the said-premises.
(h) South Fork Trout Company 55-11086
From January lst to December 31st
As the successor in interest to George J. Duke.
For the irrigation of 30 acres of land, Duty 60, .50 second
foot.
Also; Is entitled to the use of all of the waters of those 55-11087
certain springs commonly known as the Ellen, Pine,Bug and Rho-
da Springs, arising on the lands now owned by said company ly-
ing along the south Fork and of ten second feet of the flowing
waters of the South Fork, all of said waters to be used for the
purpose of fish culture and to be diverted from said springs
and said f ork of the Provo River into lakes or ponds and runs
and hatcheries, the same after being applied to such use to be
returned to the natural channel of said South Fork.
(i) Charles W. Thomas, and Charles E. Giles 55-11088
As co-partners and successors in interest to Edward C. Mecham
From January 1st to December 3lst.
For the irrigation of 40 acres of land, situate in the South
Fork of Provo Canyon, and that lie along South Fork Creek, Duty
60, 0.67 second foot, which shall consist of the water from a
small spring on their premises and heretofore used by them and
suiffcient water from the said Creek which when added to the
Spring water to m'ake up the said quantity.
Page -25-
(j) Wildwood Resort Company. 55-11089
Successor to George I. Taylor.
From January lst to December 31st.
For the irrigation of 16.00 acres of land, near the mouth of the
North Fork of Provo Canyon, Duty 60, 0.27 second foot, from the
North Fork Creek, a tributary of Provo River, and to be used upon
the lands now owned by it that lie a long said creek.
ALSO: All the waters of a certain spring arising near its pre- 55-11090
mises, for the purposes of fish culture, the same, after being
applied to such use, to be by it returned into Provo River.
-28-
John D. Dixon. 55-11091
From January lst to December 31st.
As successor in interest to J. H. Snyder, Joshua J. Mecham, John
W. Hoover, and Hyrum Heiselt to 2.80 second feet of water which
was appropriated upon lands in Provo Canyon, the place of use
and the point of diversion having been changed and the said water
is now being used upon lands below the mouth of Provo Canyon, and
the point of diversion from Provo River, is now at and near the
mouth of Provo Canyon, Utah County, Utah, and said use may be
continued and the quantity to which the said defendant is entitled
at his said point of diversion, at and near the mouth of Provo
Canyon, is 2.52 second feet, the same being of the transferred
water rights referred to in subdivision (a) paragraph 33, hereof.
-29-
John C. Whiting.
Successor interest, to Joseph R. Murdock as administrator of
the estate of William Wright; deceased, from January lst to a
time in each year not earlier than, June 15th, and not later than
June 30th, when the plaintiff the Provo Reservoir Company, elects
to release the waters stored by it in its reservoir near the head
of the Provo River into said river, said defendant John C.
Whiting is entitled to:
(a) One second foot of water from Provo River. 55-11092
(b) Nine-tenths of the waters arising in what is commonly known
as "Enoch Spring" and "Little Spring", arising upon the lands 55-11093
formerly owned by William Wright, deceased.
( c) And to, 3.467 second feet of the waters of the Round Valley 55-11094
Creek.
ALSO: Said defendant John C. Whiting, from a time in each year 55-11095
not earlier than June 15th and not later than June 30th,
when the plaintiff the Provo Reservoir Company elects to release
the waters stored by it in its reservoir near the head of the
Provo River into said river, to December 31st of that year, is
entitled to 0.033 second foot of the waters of Round Valley
Creek for the irrigation of two acres of land.
AND ALSO: Said defendant John C. Whiting, as successor in 55-11096
interest to John Hartle, is the owner and entitled to
the use from January lst to December 31st of each year, to
0.092 second foot of the waters of Round Valley Creek, for the
irrigation of 5.5 acres of land, to be used by said defendant
upon the lands that lie along Round Valley Creek and formerly
owned by John Hartle.
Page-26-
-30-
Caleb Tanner 55-11097
As succesor in Interest to Charles H. Taylor.
18.00 acres
To be diverted through the Provo Bench Canal,
From January 1st through December 31st, 0.25 second foot.
-31-
Esthma Tanner 55-11098
That seepage and spring waetr accumulating and arising upon her
land, and collected by her in the drainage system laid upon said
land, and situated about five miles from the mouth of
ProvoCanyon,
and she is entitled to discharge said water into Provo River
and to take from said river an equal amount at the intake of the
Provo Bench Canal, so long, and so long only, as the require-
ments of the users of water from Provo River diverting the same
at points below the point of discharge of such drainage water in
the said river are not supplied from sepage water, but require
the turning down of water from the main flowof the river; and
the said Esthma Tanner is entitled to take from said river at
the said intake of the Provo Bench Canal, such quantity of water
only as is required to be turned down for such lower diversions
not exceeding, however, the quantity of water discharged by her
into the river from said drainage systm.
Provo Pressed Brick Company. 55-11099
Under application to the State Engineer of the State of Utah
number 1221, bearing date of February 28, 1907, and under the
certificate of the said engineer issued prusuant to said appli-
cation number 109B, hearing date of February 19th, 1913, is
entitled to use for the generation of power at its Brick plant
as at present located in section 36, township 6 south, range 2
east, Salt Lake Base and Meridian; the waters not to exceed 100
second feet herein awarded to and used by the defendant Provo
City and Mill owners using water under lease and grant from
said city and which is used through and from the distributing
channels known as the Factory Race, City Race, and Tanner Race.
After such use by the said defendant Provo Pressed Brick Com-
pany the same is to be returned to the distributing channels
aforesaid, and must be so used as to not substantially interfere
with the natural flow of such water and thus cause substantial
fluctuations in the flow thereof, and said defendant must uti-
lize and use such waters without substantial diminution in
quantity or any deterioration in quality, and said use is an
additional use of waters hereinbefore denominated in paragraph
3, and awarded in paragraph 4, and that such use by said defend-
ant is subject to and shall not interfere with the use of said
waters by Provo City.
-Page 27-
Utah Power & Light Company,
From January 1st to Decenber 31st, of each and every year.
(a) The Utah Power & Light Company, as the successor in interest to, 55-11100
the rights of the Telluride Power Company, and the Telluride
Power & Transmission Company, has the right to divert from Provo
River by its dam built across said river in section 34 township
5 south, range 3 east, Salt Lake Base and Meridian, and convey
through its flume and pipe line extending from said dam to its
Power generating station situated in the northeast quarter of
section 7 township 6 south, range 3 east, Salt Lake Base and
Meridian at or near the mouth of Provo Canyon in Utah County,
Utah, 22.9 second feet of water, to be used for the generation of
power "The said defendant, the Utah Power & Light Company, in
order to divert and use said quantity of water, has the right
and is entitled to divert and use all of the flow of said river
at said dam and diversion works as now located, except the
storage water the waters diverted from the Weber River, herein-
after set out tunnel water, and transferred, water rights that
have the right to pass said dam, at any stage of flow at or below
the quantity above specified, and in making such diversion of
said waters, the said defendant has, the right to reconstruct or
improve said claim or to build a new dam at the present location
of said dam.
(b) To use through its flume for the generation of power the waters, 55-11101
of Lost Creek, not, exceeding 6.41 second feet thereof, also the
waters of Bridal Veil Falls, not exceeding 4.11 second feet
thereof, and,
( c) To use for irrigation, and domestic purposes the wtaters of 55-110102
Johnson or North Guardquaters Springs, not exceeding 0.8 second
foot thereof.
(d) That all of such waters so awarded to and used by the said
defendant Utah Power & Light Company, for the generation of power,
must be so used as to not substantially intefere with the
natural flow of such water and thus cause substantial fluctua-
tions in the flow thereof, and said defendant must utilize and
use such waters without substantial diminution in quantity or
any deterioration in quality,
(e) Of the flowing waters from the mouth of the "Ontario Drain 55-11103
Tunnel" in Wasatch County, Utah one-half, thereof, after
deducting five, and one-half second feet, that is:
Flow from Ontario Drain Tunnel -5.5 second feet.
And has the right to oomingle the same with the waters of Provo
River and, use for the generation of power and for other purposes,
or to us for the generation of power and lease or grant the use
of the same for irrigation and other beneficial purposes.
-34-
Provo Reservoir Company.
That subject to the rights of John C. Whiting as set forth in
paragraph 29 hereof excepting the 0.092 second foot received
by, him as successor to Jobn Hartle, the Provo Reservoir Company
as successor in interest to Joseph R. Murdock administrator of
the estate of William Wright; deceased, is entitled to and has
that right to the following:
Page-28-
(a) To nine-tenths of the waters arising in what is commonly known55-11104
as " Enoch Spring" and "Little Spring", arising from the lands
formerly owned by William Wright , deceased, the same to be
turned from said springs into Prove River : and recaptured, after
deducting ten per cent , by said company , from said river
through its canal at the Heiselt Dam.
(b) To, of the flowing waters of Round Valley Creek, not to exceed 55-11105
3.467 second feet to be comingled with the waters of said Provo River
River; and recaptured, after deducting ten per cent, by said
company from said river through itd canal at the Heiselt Dam.
( c) To 0.90 second foot of the flowing waters of Provo River and is55-11106
Entitled to divert the same from the river through its canal at
the Heiselt Dam, the aforesaid volume being ninety per cent of
An original appropriation for the irrigation of certain lands
Of said William Wright, deceased, and the place of use of which
had been transferred to the irrigation of lands under the Provo
Reservoir Canal and with "a" and "b" of this paragraph are of
the transferred water rights referred to in subdivision (a)
Paragraph 33, hereof.
-35-
Provo Reservoir Company: 55-11107
As the successor in interest to the rights of the Blue Cliff
Canal Company, a corporation heretofore and now existing under
the laws of the State of Utah to fifty second feet from
January 1st to December 31st of each year, which said 50.00
second feet consists of the waters of "Maple" or commonly called
"Yellow Jacket Spring", "Pony Steele Springs" excepting one-half
of the "Joint Spring" and all other springs originally arising
in or discharging their waters into the Blue Cliff Canal, and
sufficient water from Provo River which when added to the
Spring water will aggregate the said 50.00 second feet.
The point of diversion of all of said waters shall be at the
location of the present headgate of the present Provo Bench
Canal, which is below the tailrace of the Utah Power & Light
Company's present Olmstead Hydroelectri Plant, or at such
Other point or points as will not interfere with the use of the
river portion of said water by the Utah Power & Light Company
through its said Olmstead Plant as at Present located.
CLASSES "B", "C", "D", "E", "F", "G", "H", "I", AND "J",
-36-
The plaintiff and the defendants that appropriate water under
applications approved by the State Engineer of the State of
Utah, and that appropriate water under certificates of comple-
tion of appropriation issue by the said State Engineer, are
denominated, and the waters to which each of said
Parties are awarded is as follows:
The plaintiff and the defendants in this cause having reservoirs
in Wasatch and Summit Counties, that appropriate and store water
under applications approved by the State Engineer of the state
of Utah, and that appropriate and store water under certificates
of completion of appropriation issued by the State Engineer
Have the right and are entitled to store in said reservoirs all
The water that can be stored in them between September 15th and
April 15th of the succeeding year.
Page-29-
Provo Reservoir Company:
Sego Irrigation Company:
The waters of the Provo Reservoir Company and the Sego Irriga-
tion Company, under application to the State Engineer of the State of
Utah, number 442, bearing date of August 22, 1905, are herein denomina-
ted Class "B", and the quantities of water to which the said parties
are awarded is as follows:
(a) Provo Reservoir Comoany: 55-11558
The plaintiff the Provo Reservoir Company, as a successor in,
interest of the Timpanogus Irrigation Company under application to the
State Engineer of the State of Utah, number 442, bearing date of
August 22, 1905 for 8500 acre feet of water, is entitled to 12/28 of
said water and water right, and is entitled to complete said appropriq.-.
tion and make final pr6of thdre6ft
And, pending the time designated by the said State Engineer of or
the completion of said appropriation as the same may have been or may
hereafter be extended as long as said application is in good standing
In said State Engineer's office, the said plaintiff is entitled to the
Said water or such portion thereof as may be available from year to
year and time to time under said application according to its priority
of right and the priority of rights fixed herein:
And upon and after the completion of said appropriation, the
said plaintiff is entitled to said water or such portion thereof as
may be available from year to year and time to time under the terms
of the certificate of completion of appropriation issued by the said
State Engineer, according to the priority of right of said certificate
And the priority of rights fixed herein.
Provided, however, that the priority and quantity of this
appropriation is conditioned upon compliance with the terms of the
application upon which said appropriation is based, to-wit, Applica-
tion No. 442 filed in the office of the State Engineer of Utah
governing the issuance of certificates of completion of appropriation
by said State Engineer.
(b) Sego Irrigation Company: 55-11558
The defendant the Sego Irrigation Company, as successor in
interest of the Timpanogus Irrigation Company, under application to
the State Engineer of the State of Utah, number 442, bearing date of
August 22, 1905, for 8500 acre feet of water, is entitled to 2/28 of
said water and water right, and is entitled to complete said appropria-
tion and make fina1, proof thereof:
And pending the time designated by the said State Engineer for
the completion of said apropritation as the same may have been or may
hereafter be extended as long as said application is in good standing
in said State Engineer's office, the said defendant is entitled to the
said water or such portion thereof as may be available from year to
year and time to time under said, application, according to
its right and the priority of rights fixed herein:
And, upon and after the completion of said appropriation the
said defendant is entitled to said water or such portlon thereof, as
may be available from year to year and time to time, under the terms
of the certificate of completion of appropriation issued by the said
State Engineer according to the priority of right of said certificate
and the priority of rights fixed herein:
Page-30-
Provided, however, that the priority and quantity of this
appropriation is conditioned upon compliance with the terms of the
application upon which said appropriation is based, to-wit: Applica-
tion No. 442 filed in the office of the State Engineer of Utah, and
the same is subject to the provisions of the laws of the State of Utah
governing the issuance of certificates of completion of appropriation
by said State Engineer.
--------------------------------------------------------------------------------
CLASS "C" RIGHTS.
-39-
Provo Reservoir Company:
Sego Irrigation Company:
The water of the Provo Reservoir Company and the Sago Irrigation
Company, under application to the State Engineer of the State of Utah,
number 944, bearing date of June 12, 1906, are herein denominated
Class "C" and the quantities of water to which the said parties are
awarded is as follows:
(a) Provo Reservoir Company: 55-11889
The plaintiff the Provo Reservoir Company as a successor in
interest of the Timpanogus Irrigation Company, under application to
the State Engineer of the State of Utah number 944 bearing date of
June 12, 1906 for 7500 acre feet of water from Shingle Creek, and
Beaver Creek a tributary of the Weber River hereinbefore referred to,
is entitled to 26/28 of said water and water right, and is entitled to
complete said appropriation and make final proof thereof;
And, pending the time a designated by the said State Engineer for
the completion of said appropriation as the same may have been or may
hereafter be extended as long said application is in good standing
in said State Engineer's office the said plaintiff is entitled to the
said water or such portion thereof as may be available from year to
year and time to time under said application;
And upon and after the completion of said appropriation the
said plaintiff is entitled to said water or such portion thereof as
may be available from year to year and time to time under the terms of
the certificate of completion of appropriation issued by the said
St State Engineer;
Provided, however, that the priority and quantity of this
appropriation is conditioned upon compliance with the terms of the
application upon which said appropriation is based, to-wit: Applica-
tion No. 944 filed in he office of the State Engineer of Utah, and
the same is subject to the provisions of the laws of the State of Utah
governing the issuance of certificates of completion of appropriation
by said State Engineer
(b) Sego Irrigation Company: 35-8889
The defendant the Sego irrigation Company as a successor in
interest of the Timpanogus Irrigation Company under application to
the State Engineer of the State of Utah, number 944, bearing date of
June 12, 1906, for 7500 acre feet of water from Shingle Creek, and
Beaver Creek a tributary of the Weber River, hereinbefore referred to,
is entitled to 2/28 of said water and water right, and is entitled to
complete said appropriation and make final thereof;
Page-31-
And pending the time designated by the said State Engineer for
the completion of said appropriation as the same may have been or may
hereafter be extended, as long as said application is in good standing
in said State Engineer's office, the said defendant is entitled to the
said water or such portion thereof as may be available from year to
year and time to time under said application;
And, upon and after the completion of said appropriation, the
said defendant is entitled to said water or such portion thereof as
may be available from year to year and time to time under the terms
of the certificate of completion of appropriation issued by the said
State Engineer;
Provided, however, that the priority and quantity of this
appropriation is conditioned upon compliance with the terms of the
application upon which said appropriation is based, to-wit: Applica-
tion No. 944 filed in the office of the State Engineer of Utah, and
the same is subject to the provisions of the laws of the State of Utah
overriding the issuance of certificates of completion of appropriation
By said State Engineer;
------------------------------------------------------------------------------------
CLASS "D" RIGHTS.
-40-
Provo Reservoir Company; 55-11109
The waters under application to the State Engineer of the State
of Utah, number 1828 bearing date of April 16, 1908, are herein
denominated Class "D" and;
The plaintiff the Provo Reservoir Company, under application to
the State Engineer of the State of Utah, number 1828, bearing date of
April,16, 1908, for 150 second feet of the waters of Provo River for
irrigation purposes, is entitled to said water and water right, and
is entitled to complete said appropriation and make final proof
thereof;
And, pending the time designated by the said State Engineer for
the completion of said appropriation as the same may have been or may
hereafter be extended, as long as said application is in good standing
in said State Engineer's office, the said plaintiff is entitled to the
said water or such portion thereof as may be available from year to
year and time to time under said application according to its priority
of right and the priority of rights fixed herein;
And, upon and after the completion of said appropriation, the
said plaintiff is entitled to said water or such portion thereof as
may be available from year to year and time to time under the terms
of the certificate of completion of appropriation issued by the said
State Engineer, according to the priority of right of said certificate
and the priority of rights fixed herein;
Provided however, that the priority and quantity of this
appropriation is conditioned upon compliance with the terms of the
application upon which said appropriation is based, to-wit: Applica-
tion No. 1828 filed in the office of the State Engineer of Utah, and
the same is subject to the provisions of the laws of the State of Utah
governing the issuance of certificates of completion of appropriation
by said State Engineer.
Page-32-
CLASS "E" RIGHTS.
-41-
Provo Reservoir Company: 35-8891
The waters under application to the State Engineer of the state
of Utah number l847, bearing date of April, 29, 1908, are herein
denominated Class "E", and;
The plaintiff the Provo Reservoir Company, under application to
the State Engineer of the State of Utah, number 1847, bearing date of
April 29, 1908, for 100 second feet of water from Beaver Creek a
tributary of the Weber River, herinebefore referred to, is entitled to
said water and water right, and is entitled to complete said appropria-
tion and make final proof thereof;
And, pending the time designated by the said State Engineer for
the completion of said appropriation as the same may have been or may
hereafter be extended, as long as said application is in good standing
in said State Engineer's office, the said plaintiff is entitled to the
said water or such portion thereof as may be available from year to
year and time to time under said application;
And, upon after the completion of said appropriation, the
said plaintiff is entitled to said water or such portion thereof as
may be available from year to year and time to time under the terms of
the certificate of completion of appropriation issued by the said
State Engineer;
Provided, however, that the priority and quantity of this
appropriation is conditioned upon, compliance with the terms of the
application, upon which said appropriation is based, to-wit: Applica-
tion No. 1847 filed in the office of the State Engineer of Utah, and
the same is subject to the provisions of the laws of the State of Utah
governing the issuance of certificates of, completion of appropriation
by said State Engineer.
------------------------------------------------------------------------------------
CLASS "F" RIGHTS.
-42-
Provo Reservoir Company:
The waters under applicationt numbers 2077, 2077 A, 2077 B,
2077 C, 2077 D, 2077 E, 2077 F, 2077 G, 2077 H, 2077 I, 2077 J, 2077 K,
2077 L, 2077 M, 2077 N, 2077 O, 2077 P, and 2077 Q, bearing date of
September 15, 1908, are herein denominated Class "F" and;
The Provo Reservoir Company, under application to the State
Engineer of the state of Utah, bearing date of September 15, 1908,
number 2077 for 316.6 acre feet of water. 55-41 55-11110
" 2077 A for 824.l acre feet of water, 55-42 55-11111
" 2077 B " 421.1 " " " " 55-43 55-11112
" 2077 C " 166.5 " " " " 55-44 55-11113
" 2077 D " 227.5 " " " " 55-45 55-11114
" 2077 E " 1460.0 " " " " 55-46 55-11115
" 2077 F " 280.8 " " " " 55-47 55-11116
" 2077 G " 398.2 " " " " 55-48 55-11117
" 2077 H " 313.9 " " " " 55-49 55-11118
" 2077 I " 175.9 " " " " 55-50 55-11119
" 2077 J " 124.9 " " " " 55-51 55-11120
" 2077 K " 173.0 " " " " lapsed 55-11121
" 2077 L " 471.9 " " " " withdrawn 55-11122
Page-33-
number2077 M for 209.9 acre feet of water lapsed 55-11123
" 2077 N for 230.0 acre feet of water lapsed 55-11124
" 2077 O for 1650.0 acre feet of water lapsed 55-11125
" 2077 P for 820.6 acre feet of water lapsed 55-11126
" 2077 Q for 1650.0 acre feet of water, is entitled to said water 55-11000
and water right, and is entitled to complete said appropriations and
make final proof thereof
And, pending the time designated by the said State Engineer for
the completion of said appropriations as the same may have been or
may hereafter be extended, as long as said applications are in good
standing in said State Engineer's office, the said Provo Reservoir
Company is entitled to the said water or such portion thereof as may
be available from year to year and time to time, under said applica-
tions, according to their priority of right and the priority of rights
fixed herein;
And, upon and after the completion of said appropriations the
said Provo Reservoir Company is entitled to said water or such por-
tion thereof as may be available from year to year and time to time
under the terms of the certificates of completion of appropriations
issued by the said State Engineer, according to the priority of right
of said certificates and the priority of rights fixed herein,
Provided, however, that the priority and quantity of this
appropriation is conditioned upon compliance with the terms of the
application upon which said appropriation is based, to-wit: Applica-
tion No. 2O77, 2077 A, 2077 B, 2077 C, 2077 D, 2077 E, 2077 f, 2077
G, 2077 H, 2077 I, 2077 J, 2077 K, 2077 L, 2077 M, 2077 N, 2077 0,
2077 P, and 2077 Q, filed in the office of the State Engineer of
Utah and the same is subject to the provisions of the laws of the
State of Utah governing the issuance of certificates of completion of
appropriation by said State Engineer.
______________________________________________________________________
CLASS "G" RIGHTS.
-43-
John D. Dixon: 55-11127
The waters under application to the State Engineer of the State
of Utah, number 2134 bearing date of October 27, 1908, are herein
denominated Class "G", and;
The defendant John T. Dixon, under application to the State
Engineer of the State of Utah, number 2134, bearing date of October
27, 1908, for 10 second feet of waters of Provo River for irrigation
purposes, is entitled to said water and water right, and is entitled
to complete said appriation and make final proof thereof;
And, pending the time designated by the said State Engineer for
the completion of said appropriation as the same may have been or, may
hereafter be extended, as long as said application is in good standing
in said State Engineer's office, the said defendant is entitled to
the said water or such portion thereof as may be available from year
to year and time to time under said application according to its
priority of right and the priority of rights fixed herein;
And, upon and after the completion of said appropriation, the
said defendant is entitled to said water or such portion thereof as
may be available from year to year and time to time under the terms
of the certificate of completion of appropriation issued by the said
State Engineer, according to the priority of right of said certifi-
cate and the priority of rights fixed herein;
Page-34-
Provided, however, that the priority and quantity of this
appropriation is conditioned upon compliance with the terms of the
application upon which said appropriation is based, to-wit: application-
No. 2134 filed in the office of the State Engineer of Utah, and
the same is subject to the provisions of the laws of the State of Utah
governing the issuance of certificates of completion of appropriation
by said State Engineers.
----------------------------------------------------------------------
CLASS "H" RIGHTS.
-44-
Sego Irrigation Company: 55-11128
The waters under application to the State Engineer of the State
of Utah number 2575 bearing date of July 15, 1909 are herein
denominated Class "H", and;
The defendant the Sego Irrigation Company, as the successor in
interest to C. E. loose, and James Clove, under application number
2575, bearing date of July,15, 1909, for ten second feet of the waters
of Provo River, for irrigation purposes, is entitled to said water and
water right and is entitled to complete said appropriation and make
final proof thereof;
And, pending the time designated by the said State Engineer for
the completion of said appropriation as the same may have been or may
hereafter be extended, as long as said application is in good standing,
in said State Engineer's office the said defendant is entitled to
the said water or such portion thereof as may be available from year
to year and time to time under said application according to its
priority of right and the priority of rights fixed herein;
And upon and after the completion of said appropriation, the
said defendant is entitled to said water or such portion thereof as
may be available from year to year and time to time under the terms
of the certificate of completion of appropriation issued by the said
State Engineer, according to the priority of right of said certificate
and the priority of rights fixed herein;
Provided, however, that the priority and quantity of this
appropriation is conditioned upon compliance with the terms of the
application upon which said appropriation is based, to-wit: Application
No. 2575 filed in the office of the State Engineer of Utah, and
the same is subject to the provisions of the laws of the State of Utah
governing the issuance of certificates of completion of appropriation
by said State Engineer.
CLASS "I" RIGHTS.
-45-
Samuel Rieske: 55-11129
55-11130
The waters under application to the State Engineer of the State
Of Utah, numbers 2623 and 2624 bearing date of August 7, 1909, are
herein denominated Class "I" and;
(a) The defendant Samuel Rieske, as successor in interest to John
H. McEwan under application to the State Engineer of the State of
Utah, number 2623, bearing date of August 7, 1909, for two second
Page-35-
feet of water for irrigation purposes, and having completed said
appropriation and made final proof thereof and received from the said
State Engineer on the 20th, day of July, 1916, the certificate of
completion of appropriation for 1.27 second feet of water, is awarded
said l.27 second feet of water or such portion thereof, as may be available
from year to year and time to time under the terms of the said
certificate of completion, and according to the priority of right of
said certificate and the priority of rights fixed herein.
(b) The defendant Samuel Rieske, as successor in interest to John
H. McEwan, under application to the State Engineer of the State of
Utah number 2624, bearing date of August 7, 1909, for two second feet
of water for irrigation purposes, and having completed said appropriation
and made final proof thereof, and received from the said State
Engineer on the 20th day of July 1916, the certificate of completion
of appropriation for 0.66 second foot of water, is awarded said 0.66
second foot of water or such portion thereof as may be available from
year to year and time to time under the terms of said certificate of
completion, and according to the priority of right of said certificate
and the priority of rights fixed herein.
--------------------------------------------------------------------------------------------------
CLASS "J" RIGHTS.
-46-
L. L. Donnon: 55-11131
The waters under application to the State Engineer of the State
of Utah, number 4978, bearing date of December 23, 1912, are herein
denominated Class "J" and;
The defendant L. L. Donnon, under application to the State
Engineer of the State of Utah, number 4978, bearing date of December
23, 1912, for 20 second feet of the waters of Provo River for power
purposes, is entitled to said water and water right and is entitled
to complete said appropriation and make final proof thereof;
And, pending the time designated by the said State Engineer for
the completion of said appropriation as the same may have been or may
hereafter be extended, as long as said application is in good standing
in said State Engineer's office, the said defendant is entitled to the
said water or such portion thereof as may be available from year to
year and time to time under said application, according to its
priority of right and the priority of rights fixed herein;
And, upon and after the completion of said appropriation, the
said defendant, is entitled to the said water or such portion thereof
as may be available from year to year and time to time under the
Terms of the certificate of completion of appropriation issued by the
said State Engineer, according to the priority of right of said
certificate and the priority pf rights fixed herein;
Provided, however, that the priority and quantity of this
appropriation is conditioned upon compliance with the terms of the
application upon which said appropriation is based, to-wit: Application
No. 4978 filed in the office of the State Engineer of Utah, and
the same is subject to the provisions of the laws of the State of Utah
governing the issuance of certificates of completion of appropriation
by said State Engineer.
Page -36-
W A S A T C H D I V I S I O N
First and Second Districts.
-47-
That the parties to this cause having stipulated the rights to
the use of waters of Provo River and its tributaries in the First and
Second Districts of the Wasatch Division, and having provided therein
that the rights in said districts shall be decreed as stipulated, and
conforming thereto, it is ordered, adjudged and decreed that, all of
the flow of Provo River, its tributaries, springs, seepage and perco-
lating waters, appropriated by the defendants and their predecessors
in interest, and the waters of the Ontario Drain Tunnel for the pur-
poses of irrigation, domestic and municipal use, in the First and
Second Districts of the Wasatch Division, which each of said parties
are the owners of the right to the use are as follows:
-48-
That the parties to this action, hereinafter in this paragraph
named, by themselves and their predecessors in interest having appro-
priated of the waters of said river and its tributaries, in and prior
to the year 1885, and the defendants hereto having the right to waters
of the Ontario Drain Tunnel are herein denominated the First Class,
and the same is herein awarded to and decreed as follows:
April 15th Sept. 15th
to to
Sept. 15th April 15th
Second Feet Second Feet
N-A-M-E
(a) Wasatch Irrigation Company, 41.267 35.371 55-11132
(b) North Field Irrigation Company, 35.714 35.714 55-11133
(c) South Kamas Irrigation Company 17.500 15.000 55-11134
(d) Sunrise Irrigation Company, 4.000 3.428 55-11135
(e) Stewart Ranch, and as successor
to J. D. Jones and R. L. Jones, 1.000 1.000 55-11136
(f) Utah Power & Light Company, and
as successor to William H. Walker Jr. 0.286 0.286 55-11137
(g) Isaac R. Baum, and as successor
to W. H. Walker, 1.743 1.743 55-11138
(h) R. W. Barnes, successor to
George 0. Ellis, 1.000 1.000 55-11139
(i) Jack Bates, 0.214 0.214 55-11140
Page-37-
April 15th Sept. 15th
to to
Sept.15th April 15th
Second Feet Second Feet
N-A-M-E
(j) John E. Berg, as the successor
in interest and substituted for
Julia M. Davis, 0.300 0.300 55-11141
(k) Christy Bisel, successor to
Robert Mitchie, 0.029 0.029 55-11142
(1) Henry Bisel, 0.014 0.014 55-11143
(m) John D. F. Bvadshaw, successor
to Isaac Hunter, 0.500 0.500 55-11144
(n) Barbara Buttrey, successor in
interest to John Buttrey, 0.200 0.200 55-11145
(o) A. S. Carlile, successor to
Mary A. White administratrix of
the estate of Thomas White, deceased, 0.571 0.571 55-11146
(p) Mary Davis, 0.714 0.714 55-11147
(q) James Duncan, 0.357 0.357 55-11148
(r) Phillip L. Ford, to be taken from
river at Upper Midway Dam, 1.000 0.857 55-11149
(s) Riley Fitzgerald, and as successor to
George O. Ellis; from Provo River. 0.657 0.657 55-11150
from Bridge Hollow 1.143 1.143 55-11151
(t) Christeen Fraughton, administratrix of
the estate of Henry Fraughton, deceased,
and successor to Marshall Leffler, 0.018 0.018 55-11152
(u) Samuel Gines Jr., successor to G. O. 0.514 0.514 55-11153
Ellis, and Samuel Gines Sr.,
(v) Ellen Gines successor to Samuel
Gines Sr., 0.571 0.571 55-11154
(w) Samuel Gines Jr. successor to G. 0.
Ellis and Samuel Gines Sr., 0.514 0.514 55-11155
(x) Charles L. Gines, sued as Lyman Gines,
successor to J. M. Reed, T. L. Larsen, and
William Reed 1.143 1.143 55-11156
(y) Abram Gines, successor to
M. 0. Turnbow, 0.143 0.143 55-11157
(z) Edwin Hatch and Vermont Hatch, as
successors in interest to Abram Hatch,
and substituted for Ruth Hatch and
Abram C. Hatch, administrators of the
estate of Abram Hatch, deceased, 0.786 0.786 55-11158
(aa) George R. Hardman, successor to
Robert Mitchie, 0.171 0.171 55-11159
(ab) Ernest H. Horton, successor to
John Benson, 0.571 0.571 55-11160
April 15th Sept. 15th
to to
Sept. 15th April 15th
Second Feet Second Feet
N-A-M-E
(ac) John A. Johnston, to be taken
from River at Upper Midway Dam, 1.500 1.286 55-11161
(ad) George B. Jordan, 0.500 0.500 55-11162
(ae) James A. Knight, successor to
Henry Fraughton and J. J. Jenkins
From Provo River, 3.429 3.429 55-11163
From Bridge Hollow, 0.429 0.429 55-11164
(af) William Lemon, successor to
John O. Driscoll, 0.571 0.571 55-11165
(ag) Ola W. Larsen successor to
Joseph Ketchum, 1.286 1.286 55-11166
(ah) Rasmus Larsen, successor to
Daniel Simpers, 0.857 0.857 55-11167
(ai) William Lewis, successor to
T. A. White and E. B. Leffler Jr., 0.300 0.300 55-11168
(aj) Minns Lark, as administrator of the
estate of William Lark, deceased, 0.571 0.571 55-11169
(ak) Abram Leffler, sued as Abe Leffler, 0.071 0.071 55-11170
(al) John Leffler, and as successor to
E. B. Leffler 0.161 0.161 55-11171
(am) James Leffler, successor to
T. P. Potts,
0.050 0.043 55-11172
(an) Marshall Leffler, successor to
Henry Bisel and Woodland School
District, 0.043 0.043 55-11173
(ao) Martha E. McNeil, and as successor
Charles Murphy, William Reed,
William Prescott and Robert Mitchie, 0.329 0.329 55-11174
(ap) Joseph Morris, 1.857 1.857 55-11175
(aq) Nephi Moon, 0.057 0.057 55-11176
(ar) William Moon, 0.100 0.100 55-11177
(as) Heber Moon, 0.006 0.006 55-11178
(at) Hyrum Moon, 0.100 0.100 55-11179
(au) Levi M. North, successor to
Ed Dillon, 0.500 0.500 55-11180
(av) Hettie J. Prescott Page, 0.143 0.143 55-11181
(aw) Mary E. Pace sucessor to
Thomas P. Potts, 0.583 0.500 55-11182
Page -39-
April 15th Sept. 15th
to to
Sept. 15th April 15th
N-A-M-E Second Feet Second Feet
(ax) Fred A. Peterson, successor to
Eldora Rose and P. F. Bowers 0.300 0.300 55-11183
(ay) S. A. Peterson, 0.286 D.286 55-11184
(az) Ernest J. Prescott 0.214 0.214 55-11185
(ba) Emily Prescott and Martha B. McNeil,
as successors of Isaac Hunter,
successor of William L. Prescott 0.357 0.357 55-11186
(bb) Julia Potts, successor to
John M. Reed, 0.043 0.043 55-11187
(be) James Prescott, successor to
W. R. Smith, 0.143 0.143 55-11188
(bd) Charles H. Rampton, substituted for
Harold C. Best successor to John Swift 0.286 0.286 55-11189
(be) John Swift and as successor to
Mary A. Moon, 0.071 0.071 55-11190
(bf) Benjamin Turnbow, successor to
Mary A. Moon, 0.014 0.014 55-11191
(bg) Frank Turnbow, successor to
William Moon, 0.014 0.014 55-11192
(bh) Milton O. Turnbow, 0.161 0.161 55-11193
(bi) Ether Webb, successor to
Daniel Mitchell 0.714 0.714 55-11194
(bi) Mary Ann Moon White, successor to
Mary A. Moon, 0.493 0.493 55-11195
(bk) Mary A. White, 0.067 0.067 55-11196
(bk-1) Parley Gines, successor to
G. O. Ellis, 0.071 0.071 55-11197
(bk-2) Rosel Leffler, successor, to
Mary Ann Moon, 0.011 0.011 55-11198
(bk-3) George R. Hardman Jr., successor
to Ephraim Lambert, 0.018 0.018 55-11199
(bk-4) John T. Moon, 0.014 0.014 55-11200
(bl) Charleston Irrigation Company,
through its Upper Canal 12.000 10.286 55-11201
And in the period of July 5th to September 15th, said
waters to be measured at said defendants land.
Page-40-
Sept. 15th April 15th July 5th
to to to
April 15th July 5th Sept. 15th
N-A-M-E Second Feet Second Feet Second Feet
(bm) Spring Creek Irrigation
Company, 10.266 12.000 14.400 55-11202
And that in the period of July 5th to September 15th
said waters to be measured at, the mearureing woir of said
defendants canal as now located west of the Rio Grande Western
Depot at Heber City, Utah, and that no additional quantity
shall be allowed for losses in canal.
(bn) Midway Irrigation Company, and
William Bonner, Andrease Burgener,
John U. Buehler, Gotlieb Buehler,
Henry T. Coleman, Frederick Forrer,
David A. Gibson, George A. Huntington,
Jacob Kummer, Orson P. Matthews,
Felix Martin, Thomas Monks,
David McGimpsy, John U. Probst,
Frederick Remund, Polly W. Schear,
William L. Van Wagoner, Henry Watkins,
J. Brigham Wilson, Henry Zenger,
Henry T. Coleman administrator of the estate of
Nathan Springer, deceased;
Heber Mercantile Company, a corporation,
James Hamilton, Administrator of the estate of James B.
Hamilton, deceased;
James A. Hamilton,William Hamilton, Ella Hamilton
Snyder, Jennie Hamilton Summers, Lovica Hamilton Snyder,
Mary Hamilton Chambers, Maggie Hamilton Campbell,
Theodore Hamilton, and David Hamilton, successors in
interest to the estate of James B. Hamilton, deceased;
Rosina Kummer, Edward Kummer, Elizabeth Hamilton, and
Salina Foreman, successors in interest to John Kummer,
deceased;
Mrs. Anna Lunceford, successor to Stephen H. Smith,
deceased;
Harold Schear and Emily Cormack, successors to Alice
Schear, deceased;
Mary Schroni, Joseph Schroni and Maria Mitchell,
successors to Christian Schroni, deceased; and Cordelia
Wilson, George Wilson and James Wilson, successors to
George Wilson, deceased; whose waters the Midway
Irrigation Company controls and distributes;
Jointly and undivided:
From April 15th to September 15th.
(I) As a prior right in and to the waters of the Ontario.
Drain Tunnel, five and one-half second feet, to be
measured at the Midway Upper Dam. 55-11203
(II) The waters of Snake Creek, Pine Creek, and springs
tributary to Snake Creek, except two second feet of the
"Gerber Spring", and springs heretofore used by them,
not to exceed 52.82 second feet. 55-11204
Page -41-
(III)And 2.50 second feet of the waters of Provo River to be
diverted at the Midway Upper Dam, or such portion 55-11205
thereof, which when added to (I) and (II), aforesaid,
will aggregate 58.32 second feet, for the irrigation
of their joint lands of 3,499 acres, that is a quantity
not to exceed one second foot per 60 acres of said land.
From September 15th to April 15th.
(IV) As a prior right in and to the waters of the Ontario 55-11203
Drain Tunnel, five and one-half second feet, to be
measured at the Midway Upper, Dam.
(V) The waters of Snake Creek, Pine Creek, and springs
tributary to Snake Creek, except, two second feet of the
"Gerber Spring", and springs heretofore used by them, 55-11204
not to exceed 44.49 second foot, and
(VI) Two and one-half second feet of the waters of Provo
River to be diverted at the Midway Upper Dam, or such
portion thereof, which when added to (IV) and (V), 55-11205
aforesaid, will aggregate 49.99 second feet, that is
a quantity not to exceed one second foot per seventy
acres of said land.
(bo) The Midway Waterworks Company. 55-11206
From January 1st to December 31st
Two second feet of the waters of "Gerber Spring", a
tributary of Snake Creek which is a tributary of Provo
River, situate in the southeast quarter section 21,
township 3 south, range 4 east, Salt Lake Base and
Meridian, for domestic and municipal uses and for other
beneficial purposes.
(bp) Thomas Lowery and Samuel Lowery, 55-11207
successors to B.A. Norris.
From January lst to December 31st.
0.214 second foot from Provo River, and of the waters of
Norris Spring arising upon and adjacent to their land,
situated in section 6, township 3 south, range 5 east,
Salt Lake Base and Meridian, sufficient water to aggregate
0.850 second foot, for the irrigation 59.5 acres of
land.
(bq) Nephi Huber and Joseph Huber. 55-11208
Jointly and undivided:
26.00 Acres.
In section 21, township 3 south, range 4 east, Salt Lake
Meridian.
Of the waters of Snake Creek, and springs tributary
thereto and heretofore used by said defendants.
From April 15th to September 15th. 0.433 second foot.
From September 15th to April 15th, 0.371 second foot.
Page -42-
(br) George Schear, as successor to Alice Schear. 55-11209
10.00 Acres.
In section 22 township 3 south, range 4 east, Salt Lake Meridian.
Of the waters of Snake Creek.
From April 15th to September 15th, 0.167 second foot.
From September 15th to April 15th, 0.143 " "
(bs) John M. Huber administrator of the estate of John Huber, deceased.
44.00 Acres, 55-11210
In section 21, township 3 south, range 4 east, Salt Lake Meridian.
Of the waters of Snake Creek.
From April 15th to September 15th, 0.733 second foot.
From September 15th to April 15th 0.629 " "
(bt) Elizabeth Hamilton, successor to and substituted for Emma Kummer
Bond, administratrix of the estate of John Kummer, deceased.
6.00 Acres. 55-11211
In section 2, township 4 south, range 4 east, Salt Lake Meridian.
Of the waters of Snake Creek, and through the Midway Lower
Town Ditch.
From April 15th to September 15th, 0.100 second foot.
From September 15th to April 15th, 0.086
(bu) Joseph Hatch 23.00 Acres. 55-11212
Twenty acres in N. E. 1/4 section 5, township 4 south, range 5
east, Salt Lake Meridian, and one acre in S. W. 1/4 section 31,
township 3 south, range 5 east, Salt Lake Meridian, and Lots
3 and 4, Block 78, of Heber City, Utah.
As a tenant in common in the Wasatch Canal and the right to the
use of waters therein, to be diverted from Provo River through
the said Wasatch Canal.
From April 15th to September 15th, 0.383 second foot.
From September 16th to April 15th, 0.329 " "
(bv) Emma Wherritt 1.00 Acre. 55-11213
Lot 2. Block 94. of Heber City, Utah..
As a tenant in common in the Wasatch Canal, and the right to
the use of water therein, to be diverted from Provo River,
through the said Wasatch Canal.
From April 15th to September 15th, 0.017 second foot.
From September 15th to April 15th, 0.014 " "
Page -43-
-49-
It is, further ordered, adjudged and decreed that whenever
the waters flowing in said river and the canals of the parties
in the First and Second Districts of the Wasatch Division,
exclusive of storage waters, Ontario Drain Tunnel waters, and
the waters diverted from the Weber River water-shed exceed in
volume the aggregate quantity of, water hereinbefore awarded to
and decreed to the parties of the First Class, that the parties
to this action hereinafter, in the paragraph named, by them-
selves and their predecessors in interest having appropriated of
such excess, and herein denominated the Second Class and the
same is herein awarded to and decreed as follows:
April 15th Sept. 15th
to to
Sept. 15th April 15th
N-A-M-E Second Feet Second Feet.
(a) South Kamas Irrigation Company 10.833 9.286 55-11214
(b) Stewart Ranch, and as successor
to John Jones, 0.357 0.357 55-11215
( c) Christeen Fraughton, administratrix
of the estate of Henry Fraughton,
deceased, and successor to Marshall
Leffler, 0.225 0.225 55-11216
-50-
It is further ordered, adjudged and decreed that whenever
the waters flowing in said river and the canals of the parties
in the First and Second Districts of the Wasatch Division,
exclusive of storage waters, Ontario Drain tunnel waters, and
the waters diverted from the Weber River watershed, exceed in
volume the aggregate quantity of water hereinbefore awarded to
and decreed to the parties of the First and Second Classes, that
the parties to this action hereinafter in this paragraph named,
by themselves and their predecessors in interest having appropriated
of such excess, and herein denominated the Third Class
and the same herein awarded to and decreed as follows:
April 15th Sept. 15th
to to
Sept 15th April 15th
N-A-M-E Second-Feet. Second Feet.
(a) Stewart Ranch, and as successor
to Emil Sackerson 0.833 0.714 55-11217
(b) Jack Bates, 0.214 0.214 55-11218
( c) George B. Jordan, 0.429 0.429 55-11219
Page-44-
It is further ordered, adjudged and decreed, that whenever
the waters flowing in said river and the canals of the parties,
in the First and Second Districts of the Wasatch Division,
exclusive of storage waters, Ontario Drain Tunnel waters, and
the waters diverted from the Weber River watershed, exceed in
volume the aggregate quantity of water hereinbefore awarded to
and decreed to the parties of the First, Second and Third
Classes, that the party to this action hereinafter in this
paragraph named, by herself and her predecessors in interest
Having appropriated of such excess, and herein denominated the
Fourth Class and the same is herein awarded to and decreed as
April 15th Sept. 15th
to to
Sept.15th April 15th
N-A-M-E. Second Feet. Second Feet.
Barbara Buttrey, successor in
interest to John Buttrey, 0.229 0.229 55-11220
-52-
It is further ordered, adjudged and decreed, that whenever
the waters flowing in said river and the canals of the parties,
in the First and Second Districts of the Wasatch Division,
exclusive of storage waters, Ontario Drain Tunnel waters, and
the waters diverted from the Weber River watershed, exceed in
volume the aggregate quantity of water hereinbefore awarded to
and decreed to the parties of the First, Second, Third, and
Fourth Classes, that the parties to this action hereinafter in
this paragraph named, by themselves and their predecessors in
interest having appropriated of such excess, and herein
denominated the Fifth Class and the same is herein awarded to
and decreed as:
April 15th Sept. 15th
to to
Sept. 15th April 15th
N-A-M-E Second Feet. Second Feet.
(a) Washington Irrigation Company, 21.033 18.028 55-11221
(b) Stewart Ranch, and as successor to
Carl H. Wilkins and William Paul, 1.007 0.900 55-11222
( c) Jack Bates, 0.357 0.357 55-11223
(d) Ola W. Larsen, successor to
Joseph Ketchum, 0.543 0.543 55-11224
(e) Rasmus Larsen, successor to
Daniel Simpers, 2.000 2.000 55-11225
(f) Martha E. McNeil, and as successor to
Charles Murphy, William Reed,
William Prescott and Robert Mitchie. 0.186 0.186 55-11226
Page -45-
It is further ordered, adjudged and decreed, that whenever
the waters flowing in said river and the canals of the parties,
in the First and Second Districts of the Wasatch Division,
exclusive of storage waters, Ontario Drain Tunnel waters, and
the waters diverted from the Weber River watershed, exceed in
volume the aggregate, quantity of water hereinbefore awarded to
and decreed, to the parties of the First, Second, Third, Fourth
and Fifth Classes, that the parties to this action hereinafter
in this paragraph named, by themselves and their predecessors in
Interest having appropriated of such excess, and herein denominated
the Sixth Class and the same is herein awarded to and
Decreed as follows:
April 15th Sept. 15th
to to
Sept. 15th April 15th
N-A-M-E. Second Feet. Second Feet.
(a) Stewart Ranch, and as successor to
Carl H. Wilkins, 0.529 0.529 55-11227
(b) Edwin Hatch and Vermont Hatchh, as
successors in interest to Abram Hatch,
and substituted For Ruth Hatch and
Abram C. Hatch, administrators of the
Estate of Abram Hatch; deceased 0.286 0.286 55-11228
-54-
It is Further ordered, adjudged and decreed, that whenever
the waters flowing in said river and the canals of the parties
in the First and Second Districts of the Wasatch Division,
exclusive of storage waters, Ontario Drain Tunnel waters, and
the waters diverted from the Weber River watershed, exceed in
volume the aggregate quantity of water hereinbefore awarded to
and decreed to the parties of the First, Second, Third, Fourth,
Fifth and Sixth Classes that the party to this action herein-
after in this paragraph named by it-self and its predecessors
in interest having appropriated of such excess, and herein
denominated the Seventh Class and the same is herein awarded
to and decreed as follows:
April 15th Sept. 15th
to to
Sept. 15th April 15th
Second Feet Second Feet.
Stewart Ranch and as successor
to William Paul, 0.257 0.257 55-11229
Page -46-
-55-
It is further ordered, adjudged and decreed, that whenever
the waters flowing in said river and the canals of the parties,
in the First and Second Districts of the Wasatch Division,
exclusive of storage waters, Ontario Drain Tunnel waters, and
the waters diverted from the Weber River watershed, exceed in
volume the aggregate quantity of water hereinbefore awarded to
and decreed to the parties of the First, Second, Third, Fourth
and Fifth, Sixth and Seventh Classes, that the party to this action
hereinafter in this paragraph named, by it-self and predecessors in
Interest having appropriated of such excess, and herein denominated
the Eighth Class and the same is herein awarded to and
Decreed as follows:
April 15th Sept. 15th
to to
Sept. 15th April 15th
N-A-M-E Second Feet. Second Feet.
Stewart Ranch, as successor to
Carl H. Wilkins, 0.086 0.086 55-11230
-56-
It is further ordered, adjudged and decreed, that whenever
the waters flowing in said river and the canals of the parties,
in the First and Second Districts of the Wasatch Division,
exclusive of storage waters, Ontario Drain Tunnel waters, and
the waters diverted from the Weber River watershed, exceed in
volume the aggregate quantity of water hereinbefore awarded to
and decreed to the parties of the First, Second, Third, Fourth
and Fifth, Sixth, Seventh and Eighth Classes, that the party to
this action hereinafter in this paragraph named, by himself and
predecessors in interest having appropriated of such excess,
and herein denominated the Ninth Class and the same is herein
awarded to and Decreed as follows:
April 15th Sept. 15th
to to
Sept. 15th April 15th
N-A-M-E Second-Feet. Second Feet.
Joseph Morris, 0.643 0.643 55-11231
It is further ordered, adjudged and decreed, that whenever
the waters flowing in said river and the canals of the parties,
in the First and Second Districts of the Wasatch Division,
exclusive of storage waters, Ontario Drain Tunnel waters, and
the waters diverted from the Weber River watershed, exceed in
volume the aggregate quantity of water hereinbefore awarded to
and decreed to the parties of the First, Second, Third, Fourth,
Fifth, Sixth, Seventh, Eighth and Ninth Classes, that the party to
this action hereinafter in this paragraph named, by herself and
and her predecessors in interest having appropriated of such
excess and herein denominated the Tenth Class, and the same is
herein awarded to and decreed as follows:
Page-47-
April 15th Sept. 15th
to to
Sept. 15th April 15th
Second Feet. Second Feet.
Barbara Buttrey, successor in
Interest to John Buttrey 0.157 0.157 55-11232
It is further ordered, adjudged and decreed, that whenever
the waters flowing in said river and the canals of the parties,
in the First and Second Districts of the Wasatch Division,
exclusive of storage waters, Ontario Drain Tunnel waters, and
the waters diverted from the Weber River watershed, exceed in
volume the aggregate quantity of water hereinbefore awarded to
and decreed to the parties of the First, Second, Third, Fourth
and Fifth, Sixth, Seventh, Eighth, Ninth and Tenth Classes, that
the party to this action hereinafter in this paragraph named,
by themselves and their predecessors in interest having appropriated
of such excess, and herein denominated the Eleventh
Class and the same is herein awarded to and decreed as follows:
April 15th Sept. 15th
to to
Sept. 15th April 15th
N-A-M-E. Second Feet. Second Feet.
(a) North Field Irrigation Company, 5.953 55-11233
(b) Sunrise Irrigation Company, 2.400 2.057 55-11234
( c) Stewart Ranch, 0.414 55-11235
(d) Utah Power & Light Company, as
successor to William H. Walker Jr., 0.047 55-11236
(e) Isaac R. Baum, and as successor to
W. H. Walker, 0.290 55-11237
(j) Jack Bates, 0.132 55-11238
(g) John E. Berg, as successor in interest
and substituted for Julia M. Davis,
0.050 55-11239
(h) Barbara Buttery, successor in interest
to John Buttery, 0.097 55-11240
(i) Mary Davis, 0.119 55-11241
(j) Edwin Hatch and Vermont Hatch, as
successors in interest to Abram Hatch,
and substituted for Ruth Hatch and
Abram C. Hatch, administrators of the
estate of Abram Hatch, deceased. 0.178 55-11242
(k) George B. Jordan, 0.154 55-11243
(1) Joseph Morris, 0.417 55-11244
(m) Charles H. Rampton, substituted for
Harold C. Best, successor to John Swift, 0.047 55-11245
(n) Levi M. North, successor to Ed. Dillon, 0.083 55-11246
Page -48-
April 15th
to
Sept. 15th
N-A-M-E. Second Feet.
(o) R. W. Barnes, successor to
George 0. Ellis 0.167 55-11247
(p) Christy Bisel, successor to
Robert Mitchie, 0.004 55-11248
(q) Henry Bisel, 0.003 55-11249
(r) John D. F. Bradshaw, successor to
Isaac Hunter, 0.083 55-11250
(s) A. S. Carlile, successor to Mary A.
White, administratrix of the estate
of Thomas White, deceased 0.096 55-11251
(t) James Duncan, 0.060 55-11252
(u) Riley Fitzgerald, and as successor 0.110 From Provo River 55-11253
to George 0. Ellis, 0.190 From Bridge-Hollow 55-11254
(v) Christeen Fraughton, administratrix
of the estate of Henry Fraughton,
deceased, and successor to Marshall
Leffler, 0.040 55-11255
(w) Samuel Gines Sr. 0.136 55-11256
(x) Ellen Gines successor to
Samuel Gines Sr., 0.096 55-11257
(y) Samuel Gines Jr., successor to G.O. Ellis
and Samuel Gines Sr., 0.086 55-11258
(z) Charles L. Gines, sued as Lyman Gines,
successor to J. M. Reed, T. L. Larsen
and William Reed 0.190 55-11259
(aa) Abram Gines, successor to
M. 0. Turnbow, 0.024 55-11260
(ab) George R. Hardman, successor to
Robert Mitchie, 0.029 55-11261
(ac) Ernest H. Horton successor to
John Benson, 0.096 55-11262
(ad) James A. Knight, and as successor to 0.571 From Provo River 55-11263
Henry Fraughton and J. J. Jenkins, 0.071 From Bridge Hollow 55-11264
(ae) William Lemon, successor to
John O. Driscoll, 0.096 55-11265
(af) Ola W. Larsen, successor to
Joseph Ketchum, 0.304 55-11266
(ag) Rasmus Larsen succossor to
Daniel Simpers, 0.476 55-11267
(ah) William Lewis, Successor to T . A. White
and E. B. Leffler Jr. 0.051 55-11268
April 15th
to
Sept. 15th
Second Feet.
(ai) Minns Lark, administrator of the
Estate of William Lark, deceased, 0.096 55-11269
(ai) Abram Leffler, sued as Abe Leffler,. 0.012 55-11270
(ak) John Leffler, and as successor to
E. B. Leffler, 0.027 55-11271
(al) Marshall Leffler, successor to Henry
Bisel and Woodland School District 0.007 55-11272
(am) Martha E. McNeil and as successor to
Charles Murphy, William Reed, William
Prescott and Robert Mitchie, 0.065 55-11273
(an) Nephi Moon 0.010 55-11274
(ao) William Moon, 0.017 55-11275
(ap) Heber Moon, 0.001 55-11276
(aq) Hyrum Moon, 0.017 55-11277
(ar) Hettie J. Presoott Page, 0.024 55-11278
(as) Fred A. Peterson successor to Eldora
Rose and P. F. Bowers, 0.050 55-11279
(at) S. A. Peterson, 0.047 55-11280
(au) Ernest J. Prescott, 0.036 55-11281
(av) Emily Prescott and Martha E. McNeil, as
successors of Isaac Hunter, successor of
William L. Prescott 0.080 55-11282
(aw) Julia Potts successor to John M. Reed, 0.007 55-11283
(ax) James Prescott, successor to W.R. Smith 0.024 55-11284
(ay) John Swift, and as successor to
Mary A. Moon, 0.012 55-11285
(az) Benjamin Turnbow, successor to
Mary A. Moon, 0.003 55-11286
(ba) Frank Turnbow,successor to William Moon,0.003 55-11287
(bb) Milton 0. Turnbow, 0.027 55-11288
(bc) Ether Webb,successor to Daniel Mitchell 0.119 55-11289
(bd) Mary Ann Moon White, successor to
Mary A. Moon, 0.082 55-11290
(be) Mary A. White, 0.010 55-11291
(bf) Parley Gines, successor to G. 0. Ellis, 0.012 55-11292
(bg) Rosel Leffler,successor to Mary Ann Moon,0.001 55-11293
(bh) George R. Hardman Jr., successor to
Ephraim Lambert, 0.003 55-11294
(bi) John T. Moon, 0.003 55-11295
Page -50-
It is further ordered, adjudged and decreed, that whenever
the waters, flowing in said river and the canals of the parties,
in the First and Second Districts of the Wasatch Division,
exclusive of storage waters, Ontario Drain Tunnel waters, and
the waters diverted from the Weber River watershed, exceed in
volume the aggregate quantity of water hereinbefore awarded to
and decreed to the parties of the First, Second, Third, Fourth,
Fifth, Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh Classes,
that the party to this action hereinafter in this paragraph
named, by it-self and its predecessors in interest having appropriated
of such excess, and herein denominated the Twelfth Class
and the same is herein awarded to and decreed as follows:
Sept. 15th April 15th July 5th
to to to
April 15th July 5th Sept. 15th
N-A-M-E. Second Feet. Second Feet. Second Feet.
Sage Brush Irrigation.
Company, 7.143 8.333 10.000 55-11296
And that in the period of July 5th to September 15th, said
waters to be measured at the measuring weir of said defendant's
canal as now located west of the Rio Grande Western Depot, at
Heber City, Utah, and that no additional quantity shall be
allowed for losses in canal.
It is further ordered, adjudged and decreed, that whenever
the waters, flowing in said river and the canals of the parties,
in the First and Second Districts of the Wasatch Division,
exclusive of storage waters, Ontario Drain Tunnel waters, and
the waters diverted from the Weber River watershed, exceed in
volume the aggregate quantity of water hereinbefore awarded to
and decreed to the parties of the First, Second, Third, Fourth,
Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh and
Twelfth Classes, that the party to this action hereinafter in
this paragraph named, by themselves and their predecessors in
interest having appropriated of such excess, and herein denominated
the Thirteenth Class and the same is herein awarded to
and decreed as follows:
Midway Irrigation Company, and the parties named in subdivision (bn)
paragraph 48, whose waters the said Midway Irrigation Company controls
and distributes:
Jointly and undivided: 55-11297
From April l5th to September 15th.
(A) 12.17 second feet of the waters of Provo River to be diverted
at the Midway Upper Dam, or such portion thereof, which when
added to (.1), (II), and (III), subdivision (bn) paragraph 48,
will aggregate 58.32 second feet for the purposes and for the
lands aforesaid.
(B) From September 15th to April 15th.
12.17 second feet of the waters of Provo River to be diverted
at the Midway Upper Dam or such portion thereof, which when
added to (IV), (V), and (VI) subdivision (bn) paragraph 48,
will aggregate 49.99 second feet, for the purposes and for the
lands aforesaid.
Page -51-
-61-
It is further ordered, adjudged and decreed, that whenever
the waters, flowing in said river and the canals of the parties,
in the First and Second Districts of the Wasatch Division,
exclusive of storage waters, Ontario Drain Tunnel waters, and
the waters diverted from the Weber River watershed, exceed in
volume the aggregate quantity of water hereinbefore awarded to
and decreed to the parties of the First, Second, Third, Fourth,
Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth and
Thirteenth Classes, that the parties to this action herein-
after in this paragraph named, by themselves and their predecessors
in interest having appropriated of such excess, and herein
denominated the Fourteenth Class, and the same is herein
awarded to and decreed as follows:
April 15th Sept. 15th
to to
Sept. 15th April 15th
N-A-M-E. Second Feet. Second Feet.
(a) Timpanogus Irrigation
Company, 33.333 28.571 55-11298
(b) Stewart Ranch, 16.667 14.286 55-11299
( c) Extension Irrigation
Company, 13.333 11.429 55-11300
(d) Charles H. Rampton,
substituted for Harold C. Best,
successor to John Swift, 0.667 0.571 55-11301
It is further ordered, adjudged and decreed, that whenever
the waters, flowing in said river and the canals of the parties,
in the First and Second Districts of the Wasatch Division,
exclusive of storage waters, Ontario Drain Tunnel waters, and
the waters diverted from the Weber River watershed, exceed in
volume the aggregate quantity of water hereinbefore awarded to
and decreed to the parties of the First, Second, Third, Fourth,
Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
Thirteenth and Fourteenth classes, that the parties to this
action hereinafter in this paragraph named, by themselves and
their predecessors in interest having appropriated of such excess, and
herein denominated the Fifteenth Class, and the same is herein awarded
to and decreed as follows:
Jointly and undivided; 55-11302
(A) From April 15th to September 15th.
Twenty second feet of the waters of Provo River to be diverted
at the Midway Upper Dam, or such portion thereof, which when
added to (I), (II), and (III), subdivision (bn) paragraph 48,
and subdivision (A) paragraph 60, will aggregate 58.32 second
feet for the purposes and for the lands aforesaid.
(B) From September 15th to April 15th.
Twenty second feet of the waters of Provo River, to be diverted
at the Midway Upper Dam, or such portion thereof, which when
added to (IV), (V) , and (VI) , subdivision (bn) paragraph 48 and
subdivision (B) paragraph 80, will aggregate 49.99 second feet,
for the purposes and for the lands aforesaid.
Page -52-
It is further ordered, adjudged and decreed, that whenever
the waters, flowing in said river and the canals of the parties,
in the First and Second Districts of the Wasatch Division,
exclusive of storage waters, Ontario Drain Tunnel waters, and
the waters diverted from the Weber River watershed, exceed in
volume the aggregate quantity of water hereinbefore awarded to
and decreed to the parties of the First, Second, Third, Fourth,
Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
Thirteenth, Fourteenth and Fifteenth Classes, that the parties
to this action hereinafter in this paragraph named, by themselves
and their predecessors in interest having appropriated of such
excess, and herein denominated the Sixteenth Class, and the same
is herein awarded to and decreed as follows:
April 15th Sept. 15th
to to
Sept. 15th April 15th
N-A-M-E, Second Feet. Second Feet.
(a) Timpanogus Irrigation Company, 16.667 14.286 55-11303
(b) John E. Berg, as successor In
interest and substituted for
Julia M. Davis., 0.483 0.414 55-11304
(c) Charleston Irrigation Company
through its Upper Canal, 1.667 1.429 55-11305
(d) Edwin Hatch and Vermont Hatch,
as successors in interest to
Abram Hatch, substituted for
Ruth Hatch and Abram C. Hatch,
administrators of the estate of
Abram Hatch deceased, 1.500 1.206 55-11306
(e) George B. Jordan, 0.417 0.357 55-11307
(f) Charles H. Rampton, substituted
for Harold C. Best, successor to
John Swift, 0.667 0.571 55-11308
-64-
It is further ordered, adjudged and decreed, that whenever
between May 1st and August 10th of any year, the waters, flowing
in said river and the canals of the parties, in the First and
Second Districts of the Wasatch Division, exclusive of storage
waters, Ontario Drain Tunnel waters, and the waters diverted
from the Weber River watershed, exceed in volume the aggregate
quantity of water hereinbefore awarded to and decreed to the
parties of the First, Second, Third, Fourth, Fifth, Sixth,
Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth,
Fourteenth, Fifteenth and Sixteenth Classes, that the parties
to this action hereinafter in this paragraph named, by themselves
and their predecessors in interest having appropriated of such
excess, and herein denominated the Seventeenth Class, and the same
is herein awarded to and decreed as follows:
N-A-M.-E. Second Feet.
(a) Wasatch Irrigation Company, 20.633 55-11309
(b) North Field Irrigation Company, 20.833 55-11310
( c) Timpanogus Irrigation Company, 25.000 55-11311
(d) South Kamas Irrigation Company, 14.167 55-11312
Page -53-
N-A-M-E Second Feet
(e) Washington Irrigation Company 10.517 55-11313
(f) Stewart Ranch, 10.989 55-11314
(g) Sunrise Irrigation Company, 3.200 55-11315
(h) Extension Irrigation Company, 6.667 55-11316
(I) Utah Power & Light Company, as
successor to William H. Walker Jr. 0.167 55-11317
(j) Isaac R. Baum, and as successor
to W.H. Walker, 1.017 55-11318
(k) R.W. Barnes, successor to
George O. Ellis, 0.583 55-11319
(l) Jack Bates, 0.458 55-11320
(m) John E. Berg, as the successor in
interest and substituted for
Julia M. Davis, 0.417 55-11321
(n) Christy Bisel, successor to
Robert Mitchie, 0.017 55-11322
(o) Henry Bisel, 0.008 55-11323
(p) John D.F. Bradshaw, successor
to Isaac Hunter, 0.292 55-11324
(q) Barbara Buttrey, successor to
John Buttrey, 0.342 55-11325
(r) A.S. Carlile, successor to
Mary A. White, administratrix
of the estate of Thomas White,
deceased, 0.333 55-11326
(s) Mary Davis, 0.417 55-11327
(t) James Duncan, 0.208 55-11328
(u) Phillip L. Ford, to be taken
from river at Upper Midway Dam, 0.500 55-11329
(v) Riley Fitzgerald, and as 0.383 From Provo River 55-11330
successor to George O. Ellis, 0.667 From Bridge Hollow 55-11331
(w) Christeen Fraughton, adminitratrix
of the estate of Henry Fraughton,
deceased, and successor to
Marshall Leffler, 0.142 55-11332
(x) Samuel Gines Sr., 0.475 55-11333
(y) Ellen Gines, successor to
Samuel Gines Sr., 0.333 55-11334
(z) Samuel Gines Jr., successor to
G.O. Ellis, and Samuel Gines Sr., 0.300 55-11335
(aa) Charles L. Gines, sued as Lyman
Gines, successor tp J. M. Reed,
T.L. Larsen and William Reed, 0.667 55-11336
Page -53A-
N-A-M-E Second Feet.
(ab) Abram Gines, successor to
M. 0. Turnbow, 0.083 55-11337
(ac) Edwin Hatch and Vermont Hatch,
as successors in interest to
Abram Hatch, and substituted
for Ruth Hatch and Abram C.
Hatch, administrators of the
estate of Abram Hatch,deceased, 1.375 55-11338
(ad) George R. Hardman, successor
to Robert Mitchie, 0.100 55-11339
(ae) Ernest H. Horton, Successor
to John Benson, 0.3153 55-11340
(af) John A. Johnston, to be taken
from river at Midway Upper Dam 0.750 55-11341
(ag) George B. Jordan, 0.750 55-11342
(ah) James A. Knight, successor to 2.000 From Provo River 55-11343
Henry Fraughton and .J. J.
Jenkins 0.250 From Bridge Hollow. 55-11344
(ai) William Lemon, successor to
John 0. Driscoll, 0.333 55-11345
(aj) Ola W. Larsen, successor to
Joseph Ketchum, 1.067 55-11346
(ak) Rasmus Larsen, successor to
Daniel Simpers 1.667 55-11347
(al) William Lewis, successor to
T. A. White and E. B. Leffler
Jr., 0.l75 55-11348
(am) Minns Lark, as administrator
of the estate of William Lark,
deceased, 0.333 55-11349
(an) Abram Leffler, sued as
Abe leffler, 0.042 55-11350
(ao) John Leffler, and as successor
to E. B. Leffler, 0.093 55-11351
(ap) James Leffler, successor to
T. P. Potts 0.025 55-11352
(aq) Marshall Leffler, successor
to Henry Bisel and Woodland
School District, 0.025 55-11353
(ar) Martha E. MeNeil,and as successor to
Charles Murphy, William Reed,
William Prescott, and Robert
Mitchie, 0.300 55-11354
(as) Joseph Morris, 1.458 55-11355
(at) Nephi Moon, 0.033 55-11356
(au) William Moon, 0.058 55-11357
(av) Heber Moon, 0.003 55-11358
Page -53B-
N-A-M-E Second Feet
(aw) Hyrum Moon, 0.058 55-11359
(ax) Levi M. North successor to Ed. Dillon 0.292 55-11360
(ay) Hettie J. Prescott Page 0.003 55-11361
(az) Mary E. Pace, successor to Thomas P.
Potts, 0.292 55-11362
(ba) Fred A Peterson, successor to Eldora
Rose and P. F. Bowers, 0.175 55-11363
(bb) S. A. Peterson, 0.167 55-11364
(be) Ernest J. Prescott, 0.125 55-11365
(bd) Emily Prescott and Mattha E. MeNeil, as
successors of Isaac Hunter, successor of
William L. Prescott 0.208 55-11366
(be) Julia Potts, successor to Johh M. Reed, 0.025 55-11367
(bf) James Prescott, successor to W. R. Smith, 0.083 55-11368
(bg) Charles H. Rampton, substituted for
Harold C. Best, successor to John Swift, 0.833 55-11369
(bh) John Swift, and as successor to
Mary A. Moon, 0.042 55-11370
(bi) Benjamin Turnbow, successor to
Mary A. Moon, 0.008 55-11371
(bJ) Frank Turnbow, successor to
William Moon, 0.008 55-11372
(bk) Milton 0. Turnbow, 0.093 55-11373
(bl) Ether Webb, successor to
Daniel Mitchell, 0.417 55-11374
(bm) Mary Ann Moon White, successor to 0.267 55-11375
Mary A. Moon,
(bn) Mary A. White, 0.089 55-11376
(bo) Spring Creek Irrigation Company, 6.000 55-11377
And that in the period of July 5th to August 10th, said
waters to be measured at the measureing weir of said defendant's
canal as now located west of the Rio Grande Western Depot, at
Heber City, Utah, and no additional quantityshall be allowed
for losses in canal.
(bp) Sage Brush Irrigation Company, 4.167 55-11378
And that in the period of July 5th to August 10ih, said
waters to be measured at the measureing weir of said defendants
canal as novv located west of the Rio Grande Western Depot, at
Heber City, Utah, and no additional quantity shall be allowed
for losses in canal.
Page -53C-
N-A-M-E. Second Feet.
(bq) Charleston Irrigation Company,
through its Upper Canal, 6.833 55-11379
(br) Thomas Lowery and Samuel Lowery,
successors to B. A. Norris, 0.638 55-11380
(bs) Midway Irrigation Company, and the
parties named in subdivision (bn.)
paragraph 48, whose waters the said
Midway Irrigation Company controls and
distributes, jointly and undivided, 29.16 55-11381
(bt) Parley Gines, successor to G. 0. Ellis, 0.042 55-11382
(bu) Rosel Leffler, successor to
Mary Ann Moon, 0.007 55-11383
(bv) George R. Hardman Jr, successor to
Ephraim Lambert, 0.010 55-11384
(bw) John T. Moon, 0.008 55-11385
(bx) Nephi Huber and Joseph Huber, jointly and undivided; Of the
waters of Snake Creek, and springs tributary thereto, 0.217
second foot. 55-11386
(bk) George Schear, successor to Alice Schear; Of the waters of
Snake Creek, 0.083 second foot. 55-11387
(bz) John M. Huber administrator of the estate of John Huber,.
deceased; Of the waters of Snake Creek, 0.367 second foot. 55-11388
(ca) Elizabeth Hamilton, successor to and substituted for Emma Kummer
Bond, administratrix of the estate of John Kummer, deceased;
Of the waters of Snake Creek, and through the Midway Lower
Town Ditch, O.050 second foot. 55-11389
(cb) Joseph Hatch, as a tenant in common in the Wasatch Canal and
the right to the use of waters therein, to be diverted from
Provo River through the said Wasatch Canal, 0.192 second foot. 55-11390
(cc) Emma Wherritt, as a tenant in common in the Wasatch Canal and
the right to the use of waters therein, to be diverted from
Provo River through the said Wasatch Canal, 0.008 second foot 55-11391
Page -53D-
WASATCH DIVISION
Third District
-65-
The defendants in the Third District of the Wasatch Division,
are the owners of the right to the use of certain waters of the Provo
River and its tributaries, springs, seepage and precolating waters,
and which are necessary for domestic and culinary uses and for the
irrigation of lands, and which rights are set out and agreed to
between plaintiff and the said defendants in stipulations, and having
provided therein that the rights in said district shall be decreed as
stipulation, and conforming thereto it is ordered; adjudged and
dereed, that the said parties, hereinafter named, are the owners of the
right to the use for the service of the acreage and for domestic and
culinary uses, in the quanitities and for the periods hereinafter set forth, and denominated as follows:
-66-
(a) The waters for domestic and culinary uses, and the waters for
irrigation purposes to a duty of one second foot per sixty acres of
land, are herein denominated the First Class; and
(b) Whenever, between May 1st and August 10th of any year,
the waters flowing in said river and the canals in the Provo Division,
exceed in volume the aggregate quantities hereinbefore awarded to
the defendants in said Provo Division and the Plaintiff is being
supplied with one second foot of water per seventy acres of land; the
defendants in the Third District of the Wasatch Division br
themselves and their predecessors in interest having appropriated of
such excess in addition to the First Class aforesaid to a quantity
equal to and commensurate with the Seventeenth Class of the
Second District of, the Wasatch Division, and the same is herein
denominated the Seventeenth Class; and
( c) The waters aforesaid, denominated First and Seventeenth
Classes, are herein awarded to and decreed as follows:
-67-
Through the Phil Smith Ditch.
(a) Frederick Remund 8.00 Acres
In the S.W. 1/4 section 24, township 3 south,
range 4 east, Salt Lake Meridian.
1st Class ----------------- .133 second foot. 55-11392
17th Class ----------------- .067 second foot. 55-11393
(b) Phillip L. Ford, 45.00 Acres
In the S. Ã section 24 township 3 south,
range 4 east, Salt Lake Meridian.
1st Class ----------------- .750 second foot. 55-11394
17th Class ---------------- .375 second foot. 55-11395
-68-
Through the Phil Smith Slough.
(a) Frederick Remund, 18.00 Acres.
In the S.W. 1/4 section 24, township 3 south,
range 4 east, Salt Lake Meridian.
1st Class ------------------ .300 second foot. 55-11396
17th Class ------------------ .150 second foot. 55-11397
(b) Joseph Abegglen, 5.00 Acres
In the N. W. 1/4 section 25, township
3 south, range 4 east, Salt Lake Meridian.
1st Class ---------------- .083 second foot. 55-11398
17th Class---------------- .042 second foot. 55-11399
( c) Anna Elizabeth Abegglen, as
successor to Ulric Abegglen,
4.00 Acres
In the N.W. 1/4 section 25, township
3 south, range 4 east, Salt Lake Meridian.
1st Class ----------------- .067 second foot.55-11400
17th Class----------------- .033 second foot. 55-11401
-69-
Through the Abegglen Ditch.
Joseph Abegglen, 10.00 Acres.
In the N. W. 1/4 section 25, township
3 south, range 4 east, Salt Lake Meridian.
1st Class ----------------- .167 second foot.55-11402
17th Class----------------- .083 second foot. 55-11403
-70-
Through the Mitchell Ditch.
(a) J. E. Peterson, 8.00 Acres.
In the S. W. 1/4 section 25, township
3 south, range 4 east, Salt Lake Meridian.
1st Class ----------------- .133 second foot.55-11404
17th Class ---------------- .067 second foot. 55-11405
(b) Chris Mitchell, 40.00 Acres.
In the N.W. 1/4 section 25, township
3 south, range 4 east, Salt Lake Meridian.
1st Class ---------------- .667 second foot. 55-11406
17th Class --------------- .333 second foot. 55-11407
( c)Felix Martin, 30.00 Acres.
In the S.W. 1/4 section 25, and the S.W. 1/4
section 26, township 3 south, range 4 east,
Salt Lake Meridian.
1st Class ---------------- .500 second foot. 55-11408
17th Class --------------- .250 second foot. 55-11409
(d) John H. Buhler, 15.00 Acres.
In the S.W. 1/4 section 25, township
3 south, range 4 east, Salt Lake Meridian.
1st Class --------------- .250 second foot. 55-11410
17th Class -------------- .125 second foot. 55-11411
-71-
Through the Nelson Ditch
(a) Jesse Nelson, 23.00 Acres.
In the NW. 1/4 section 1, township
4 south, range 4 east, Salt Lake Meridian.
1st Class ----------------- .383 second foot. 55-11412
17th Class --------------- .192 second foot. 55-11413
(b) Jesse Nelson Jr., 20.00 Acres.
In the S.E. 1/4 section 2, township
4 south, range 4 east, Salt Lake Meridian.
1st Class ----------------- .333 second foot. 55-11414
17th Class --------------- .167 second foot. 55-11415
( c) George Nelson, 20.00 Acres.
In the S.E. 1/4 section 2, township
4 south, range 4 east, Salt Lake Meridian.
1st Class ----------------- .333 second foot. 55-11416
17th Class --------------- .167 second foot. 55-11417
(d) Alfred L. Alder, W.W. Alder,
and James T. Alder; jointly:
20.50 Acres
In the S.E. 1/4 section 2, township
4 south, range 4 east, Salt Lake Meridian.
1st Class ----------------- .342 second foot. 55-11418
17th Class --------------- .170 second foot. 55-11419
-72-
Through the River Slough.
Alonzo A. Hicken, 10.89 Acres.
In the S.E. 1/4 section 2, township
4 south, range 4 east, Salt Lake Meridian.
1st Class ---------------- .181 second foot. 55-11420
17th Class -------------- .091 second foot. 55-11421
-75-
Drainage, seepage and spring water
That arises on lands adjacent to
and above described tract of land.
Ermina C. Cummings, Lavina E. Murdock, William T. Averett,
Addison Averett, Joseph D. Averett, John Averett, Edna A.
Murdock; Leona Bonner and Bustachia Averett, heirs at law of
William Averett, deceased, successors to the interest of said
William Averett, deceased, jointly and individed:
10.20 Acres.
In the S. E. 1/4 section 2, and N.E. 1/4
section 11, township 4 south, range 4 east,
Salt Lake Meridian.
1st Class ----------------- .170 second foot. 55-11422
17th Class --------------- .085 second foot. 55-11423
-74-
Through Charleston-Midway
Spring Creek Ditch.
(a) Hyrum S. Winterton, 12.5 Acres.
In the N.E. 1/4 section 11, township
4 south, range 4 east, Salt Lake Meridian.
1st Class ------------------ .808 second foot. 55-11424
17th Class ---------------- .104 second foot. 55-11425
(b) Joseph E. Hanks, administrator of the estate of Mrs. E.L.
Hanks, deceased:
5.85 Acres.
In the S.W. 1/4 section 11, township
4 south, range 4 east, Salt Lake Meridian.
1st Class ------------------ .098 second foot. 55-11426
17th Class ---------------- .048 second foot. 55-11427
( c)William Winterton, 3.75 Acres.
In the S.W. 1/4 section 11, township
4 south, range 4 east, Salt Lake Meridian.
1st Class ------------------ .062 second foot. 55-11428
17th Class ---------------- .032 second foot 55-11429.
(d) John W. Stubbs, successor to the intereset of John Fowers,
deceased,
5.00 Acres.
In the S.E. 1/4 section 10, township
4 south, range 4 east, Salt Lake Meridian.
1st Class -------------------- .083 second foot. 55-11430
17th Class ------------------ .042 second foot. 55-11431
(e) George H. Edwards, 27.00 Acres.
In the S. Ã of section 10, and N.E. 1/4
section 15, township 4 south, range 4 east,
Salt Lake Meridian.
1st Class ------------------- .450 second foot. 55-11432
17th Class ----------------- .225 second foot. 55-11433
(f) Joseph S. Wright, 15.00 Acres.
In the S.E. 1/4 section 10, and S.W. 1/4
section 11, township 4 south, range 4 east,
Salt Lake Meridian.
1st Class ----------------- .250 second foot. 55-11434
17th Class --------------- .125 second foot. 55-11435
(g) E.L. Brown, 10.00 Acres
In the S.E. 1/4 section, township
4 south, range 4 east, Salt Lake Meridian.
1st Class-------------------- .167 second foot. 55-11436
17th Class------------------ .083 second foot. 55-11437
(h) Ellen C. Wright, 28.00 Acres
In the S.E. 1/4 section 10, and S.W. 1/4
section 11, township 4 south, range 4 east,
Salt Lake Meridian
1st Class-------------------- .467 second foot. 55-11438
17th Class------------------ .233 second foot. 55-11439
(I) Dermunt Huffacker, administrator of the estate of D.S.
Huffacker, deceased,
15.00 Acres
In the S.E. 1/4 section 10, township
4 south, range 4 east, Salt Lake Meridian
1st Class-------------------- .250 second foot. 55-11440
17th Class------------------ .125 second foot. 55-11441
(j) W.D. Wright, 22.50 Acres
In the S.E. 1/4 section 10, township
4 south, range 4 east, Salt Lake Meridian.
1st Class-------------------- .375 second foot. 55-11442
17th Class------------------ .187 second foot. 55-11443
(k) Hyrum Winterton 9.00 Acres
In the S.W. 1/4 section 11, township
4 south, range 4 east, Slat Lake Meridian.
1st Class-------------------- .150 second foot. 55-11444
17th Class------------------ .075 second foot. 55-11445
(l) Thomas Winterton 18.00 Acres
In the S.E. 1/4 section 10, township
4 south, range 4 east, Salt Lake Meridian.
1st Class-------------------- .300 second foot. 55-11446
17th Class------------------ .150 second foot. 55-11447
-75-
Through Meaks Bottom Slough.
William H. Winterton, 17.75 Acres
In the N.E. 1/4 and N.W. 1/4 section 11,
township 4 south, range 4 east, Salt Lake
Meridian.
1st Class-------------------- .296 second foot. 55-11448
17th Class------------------ .148 second foot. 55-11449
-76-
Through a slough from Provo River.
William N. Casper, 15.00 Acres
In the S.W. 1/4 section1, and S.E. 1/4
section 2, township 4 south, range 4 east,
Salt Lake Meridian.
1st Class-------------------- . 250 second foot. 55-11450
17th Class------------------ . 125 second foot. 55-11451
-77-
From "Upper Springs" and though
Charleston Lower Canal, that issue
on described land and are noe intercepted
by said Canal.
William Winterton, 5.50 Acres
In the S.W. 1/4 section 11, township
4 south, range 4 east, Salt Lake Meridian.
1st Class------------------- .092 second foot. 55-11452
17th Class----------------- .046 second foot. 55-11453
-78-
From "Second Group of Springs", that
issue on described land and below the
Charleston Lower Canal. Also the right
to the use of said water for two fish
ponds located on said land, for the purposes
of Fish Culture.
William Winterton, 17.58 Acres
In the S.W. 1/4 section 11, township
4 south, range 4 east, Salt Lake Meridian.
1st Class-------------------- .293 second foot. 55-11454
17th Class------------------ .147 second foot. 55-11455
-79-
From "Third Group of Springs", that issue
on said described land and below the
Charleston Lower Canal. Also the right
to the use of said water for two Fish Ponds
located on described land, for the purposes
of Fish Culture.
William H. Winterton, 9.00 Acres
In the S.W. 1/4 section 11, township
4 south, range 4 east, Salt Lake Meridian.
1st Class-------------------- .150 second foot. 55-11456
17th Class------------------ .075 second foot. 55-11457
-80-
From Springs and conveyed through the
River Ditch.
( c)John W. Stubbs, successor to the interests of the estate of John
Fowers, deceased.
8.50 Acres
In the N.E. 1/4 section 15, township
4 south, range 4 east, Salt Lake Meridian.
1st Class--------------------- .142 second foot. 55-11458
17th Class------------------- .071 second foot. 55-11459
(p) P.W. Edwards, 5.50 Acres
In the N.E. 1/4 section 15, township
4 south, range 4 east, Salt Lake Meridian.
1st Class------------------- .058 second foot. 55-11460
17th Class----------------- .029 second foot. 55-11461
-81-
From the Brown Slough.
John W. Stubbs, Successor to the interests of the estate of
John Fowers, deceased,
2.50 Acres
In the N.E. 1/4 section 15, township
4 south, range 4 east, Salt Lake Meridian.
1st Class------------------- .042 second foot. 55-11462
17th Class----------------- .020 second foot. 55-11463
-82-
From Springer and Tate Springs.
P.W. Edwards 2.70 Acres
In the N.E. 1/4 section 15, township
4 south, range 4 east, Salt Lake Meridian.
1st Class-------------------- .045 second foot. 55-11464
17th Class------------------ .023 second foot. 55-11465
-83-
Of waters of Bonner Slough and Soldier Hollow.
(a) P.W. Edwards, 27.20 Acres
In the N.E. 1/4 section 15, township
4 south, range 4 east, Slat Lake Meridian.
1st Class-------------------- .453 second foot. 55-11466
17th Class------------------ .227 second foot. 55-11467
(b) George H. Edwards, 10.00 Acres.
In the N.E. 1/4 section 15, township
4 south, range 4 east, Salt Lake Meridian.
1st Class------------------- .167 second foot. 55-11468
17th Class----------------- .083 second foot. 55-11469
( c)W.D. Wright, 28.00 Acres
In the south half of section 10, township
4 south, range 4 east, Slat Lake Meridian.
1st Class------------------- .467 second foot. 55-11470
17th Class----------------- .233 second foot. 55-11471
-84-
Of drainage, seepage and spring water from
the North Drain Ditch.
George H. Edwards, 5.00 Acres
In the N.E. 1/4 section 15, township
4 south, range 4 east, Salt Lake Meridian.
1st Class------------------- .083 second foot. 55-11472
17th Class----------------- . 042 secon foot. 55-11473
-85-
Of the waters of Wootten Springs.
John W. Stubbs, successor to the interests of the estate of
John Fowers, deceased,
2.91 Acres
In the N.E. 1/4 section 10, township
4 south, range 4 east, Salt Lake Meridian.
1st Class------------------- .048 second foot. 55-11474
17th Class----------------- .024 second foot. 55-11475
-86-
Of the waters of Tate Upper Springs.
George H. Edwards, 14.00 Acres
In the east half of section 10, township
4 south, range 4 east, Salt Lake Meridian.
1st Class------------------- .233 second foot. 55-11476
17th Class----------------- .177 second foot. 55-11477
-87-
Of the waters of Fowers Springs.
(a) John W. Stubbs, successor to the interests of the estate of
John Fowers, deceased.
28.00 Acres
In the N.E. 1/4 section 15, township
4 south, range 4 east, Salt Lake Meridian.
1st Class------------------- .467 second foot. 55-11478
17th Class----------------- .233 second foot. 55-11479
(b) P.W. Edwards, 56.00 Acres
In the North half section 15, township
4 south, range 4 east, Salt Lake Meridian.
1st Class------------------ .933 second foot. 55-11480
17th Class---------------- .467 second foot. 55-11481
( c) Earl Stringfellow, successor to the interests of John O.
Edwards.
10.00 Acres
In the N.E. 1/4 section 15, township
4 south, range 4 east, Salt Lake Meridian.
1st Class------------------ .167 second foot. 55-11482
17th Class---------------- .083 second foot. 55-11483
-88-
Of the waters from W.D. Wright Springs,
(a) Earl Stringfellow, successor to the interests of John O.
Edwards.
18.13 Acres
In the N.E. 1/4 section 15, township
4 south, range 4 east, Salt Lake Meridian.
1st Class------------------- .302 second foot. 55-11484
17th Class----------------- .151 second foot. 55-11485
(b) Joseph S. Wright, successor to the interests of Joseph R.
Murdock.
23.22 Acres
In the south half section 15, township
4 south, range 4 east, Salt Lake Meridian.
1st Class-------------------- .387 second foot. 55-11486
17th Class------------------ .193 second foot. 55-11487
-89-
Through a Slough from Provo River.
George R. Carlile, 20.00 Acres
On west side of said River, in the
N.E. 1/4 section 11, township 4 south,
range 4 east, Salt Lake Meridian.
1st Class------------------- .333 second foot. 55-11488
17th Class----------------- .167 second foot. 55-11489
-90-
From springd arising near said lands.
George R. Carlile, 10.00 Acres
On the east side of said River, in the
N.E. 1/4 section 11, township 4 south,
range 4 east, Salt Lake Meridian.
1st Class------------------- .167 second foot. 55-11490
17th Class----------------- .083 second foot. 55-11491
-91-
From Provo River through the Hicken Slough.
James Casper, 20.00 Acres
In the N.E. 1/4 section 11, township
4 south, range 4 east, Salt Lake Meridian.
1st Class--------------------- .333 second foot. 55-11492
17th Class------------------- .167 second foot. 55-11493
-92-
From Provo River through Jack Watkins Slough.
J.M. Casper, 18.00 Acres
In the north half section 11, township
4 south, range 4 east, Salt Lake Meridian.
1st Class--------------------- .300 second foot. 55-11494
17th Class------------------- .150 second foot. 55-11495
-93-
John M. Richie, 90.00 Acres.
In the west half section 33, township
4 south, range 4 east, Salt Lake Meridian.
Through two sloughs from Provo River, one
heading near the north line of said land,
the other near the center of said land.
1st Class------------------ 1.500 second foot. 55-11496
17th Class---------------- .750 second foot. 55-11497
-94-
Joseph Hatch, 28.00 Acres
In the N.E. 1/4 section 1, township
4 south, range 4 east, Salt Lake Meridian.
Of drainage, seepage, and spring water,
that arises on lands adjacent to and
above said described land.
1st Class---------------- .467 second foot. 55-11498
17th Class-------------- .233 second foot. 55-11499
-95-
Through Webster Spring Ditch and
a slough from Provo River.
Elisha Webster, 10.00 Acres
In section 11, township 4 south
range 4 east, Salt Lake Meridian.
1st Class----------------- .167 second foot. 55-11500
17th Class--------------- .083 second foot. 55-11501
-96-
From Creamery Springs.
(a) William Daybell, 28.00 Acres
On lands on what is known as the Island,
in the S.W. 1/4 section 22, township 4 south,
range 4 east, Salt Lake Meridian.
1st Class-------------------- .467 second foot. 55-11502
17th Class------------------ .233 second foot. 55-11503
(b) George H. Edwards, 17.00 Acres
On lands on what is known as the Island,
In the S.W. 1/4 section 22, township 4 south,
range 4 east, Salt Lake Meridian.
1st Class------------------- .283 second foot. 55-11504
17th Class----------------- .142 second foot. 55-11505
-97-
ISLAND DITCH
N-A-M-E. Class Acres Second Feet.
(a) Midway Irrigation Company, 1st 186 3.100 55-11506
17th 1.550 55-11507
(b) Alfred L. Alder, 1st 4 0.067 55-11508
17th 0.032 55-11509
( c)Jesse Nelson, 1st 32 0.553 55-11510
17th 0.267 55-11511
(d) William L. Vari Wagoner, 1st 10 0.167 55-11512
and John Van Wagoner Jr., 17th 0.083 55-11513
(e) William Winterton, 1st 8.90 0.148 55-11514
17th 0.074 55-11515
(f) John Murri, 1st 15 0.250 55-11516
17th 0.125 55-11517
(g) Hyrum S. Winterton, 1st 35 0.583 55-11518
T. Fred Winterton, and 17th 0.292 55-11519
Moroni Winterton,
(h) E.R. Bronson, 1st 15 0.250 55-11520
17th 0.125 55-11521
(I) Joseph S. Wright, 1st 10 0.167 55-11522
17th 0.003 55-11523
(j) William Bonner, 1st 6 0.100 55-11524
17th 0.050 55-11525
(k) James Pyper, 1st 5 0.083 55-11526
17th 0.042 55-11527
(l) Henry Zenger, 1st 5 0.083 55-11528
17th 0.042 55-11529
(m) James A. Hamilton,
William Hamilton,
Ella Hamilton Snyder,
Jennie Hamilton Summers,
Lovica Hamilton Snyder,
Mary Hamilton Chambers,
Maggie Hamilton Campbell,
Theodore Hamilton, and
David Hamilton, duly
substituted for James B.
Hamilton, deceased; 1st 33 0.550 55-11530
jointly and undivided, 17th 0.275 55-11531
-98-
DAYBELL SPRINGS
April 1st to November 1st.
Through Upper Ditch Class, Acres, Second feet,
(a) George H. Edwards, and as 1st 23 .387 55-11532
successor to George Daybell
& Sons,
(b) John M. Richie, 1st 30 .505 55-11533
( c) Harry F. Watson, 1st 60 1.010 55-11534
Through Lower Ditch.
(d) George H. Edwards, and as 1st 65 1.093 55-11535
successor to Goerge Daybell
& Sons,
(e) John M. Richie, 1st 30 .505 55-11536
-99-
McAFFEE SPRINGS.
First Class.
J.W. Allen (a) Of the waters of said springs during the on 55-11537
entire year to supply his requirements for
domestic, culinary and stockwatering purposes
at his home, yard and corral, situated about thirty
yards casterly from said springs.
(b) Subject to the foregoing right, from May 1st
to October 15th, of all of the flowing
waters of said springs for one-sixth of the
time for the irrigation of five acres of
land.
Wilford D. Wright:
55-11538
Subjected to the right og J.W. Allen as set
out under (a) above, from May 1st to October
15th, of all of the flowing waters of said
springs for five-sixths of the time for
the irrigation of twenty-fivee acres of land
in section 53, township 4 south, range 4
east, Salt Lake Meridian.
-100-
That, Hyrum S. Winterton, William Van Wagoner and John Van Wagoner Jr., 55-11539
are awarded the use of all the waters, not exceeding one second foot, arising in the bed of Snake
Creek, by springs and seepage, on the George Price Farm, in section 3, township 4 south, range 4
east, Salt Lake Meridian, for the irrigation of 20.5 acres of land owned by Hyrum S. Winterton
and 9.7 acres of land owned by William Van Wagoner and John Van Wagoner Jr., in sections 2
and 11, township 4 south, range 4 east, Salt Lake Meridian, in Wasatch county.
-101-
Pioneer Irrigation Company
Through two ditches, the upper of which diverts from
Provo River at a point approximately 150 feet north and
850 feet west of the center of section 15, township 4 south,
range 4 east, Salt Lake Meridian; the lower of which diverts
from Provo River at a point approximately 1600 feet north
and 150 feet east of the southwest corner of section 22,
township 4 south, range 4 east, Salt Lake Meridian.
455 Acres.
From April 15th to October 15th.
First Class------------------------------ 7.583 second feet. 55-11540
-102-
Murdock-Allen Ditch.
From April 15th to October 15th.
(a) T.W. Allen, 82.00 Acres
1st Class--------------------------------- 0.867 second foot. 55-11541
(b) John H. Murdock, 12.00 Acres
1st Class--------------------------------- 0.200 second foot. 55-11542
-103-
Allen-McAffee Ditches.
From April 15th to October 15th.
(a) Samuel McAffee, 39.00 Acres
1st Class---------------------------------- 0.650 second foot. 55-11543
(b) Arthur P. Allen 20.00 Acres
1st Class---------------------------------- 0.333 second foot. 55-11544
( c) T.W. Allen, 46.00 Acres
1st Class---------------------------------- 0.767 second foot. 55-11545
(d) John W. Allen, 75.00 Acres
1st Class---------------------------------- 1.250 second foot. 55-11546
Wilford Van Wagenen -104- 55-11547
Two second feet of the waters of Deer Creek, to be
measured at his land in section 9 and 16, township 4
south, range 4 east, Salt Lake Meridian, for the
irrigation od 120 acres of land.
-105-
Charleston Irrigation Company, 55-11548
through its Lower Canal.
Nine second feet of water for the irrigation of 540 acres of land, delivered at the
heads of the laterals of said canal, except in that lateral leading southward from Charleston
to the lands irrigated and owned by J. M. Ritchie and Harry F. Watson, in section 22 and
27, township 4 south, range 4 east, Salt Lake Meridian, in which said lateral the quantity of
water herein awarded shall be delivered at the dividing line between said sections 22 and
27.
______________________________________________________________________________________________
EIGHTEENTH, NINETEENTH, AND TWENTIETH
CLASS RIGHTS.
-106-
The defendants that appropriate water under applications approved by the State
Engineer of the State of Utah, and that appropriate water under certifications of completion
of appropriation issued by the State Engineer, are hereinafter denominated and the waters
to which each of said parties are awarded is as follows:
-107-
The plaintiff and defendants in this cause having reservoirs in Wasatch and Summit
Counties, that appropriate and store water under applications approved by the State
Engineer of the State of Utah, and that appropriate and store water under certificates of
completion of appropriation issued by the said State Engineer, have the right and are
entitled, to store in said reservoirs all the water tha can be stored in them between
September 15th and April 15th of the succeeding year.
___________________________________________________________________________________________
EIGHTEENTH CLASS RIGHTS.
-108-
Wasatch Irrigation Company:
Timpanogus Irrigation Company:
The waters of the Wasatch Irrigation Company and the Timpanogus Irrigation
Company, under application to the State Engineer of the State of Utah, number 442,
bearing date of August 22, 1905, are herein denominated Eighteenth (18th) Class, and the
quantities of water to which said parties are awarded is as follows:
(a) Wasatch Irrigation Company: 55-11108
The defendant the Wasatch Irrigation Company, as a successor in interest of the
Timpanogus Irrigation Company, under application to the State Engineer of the State of
Utah, number 442, bearing date of August 22, 1905, for 8500 acre feet of water, is entitled
to 7/28 of said water and water right, and is entitled to complete said appropriation and
make final proof thereof;
And pending the time designated by the said State Engineer for the completion of said
appropriatio as the same may have been or may hereafter be extended as long as said application
is in good standing in said State Engineer's office the said defendant is entitled to the said water
or such portion thereof as may be availiable from year to year and time to time under said
application according to its priority of right and the priority of rights fixed herein;
And, upon and after the completion of said appropriation, the said defendant is entitled to
said water or such portion thereof as may be available from year to year and time to time under
the terms of the certificate of completion of appropriation issued by the said State Engineer,
according to the priority of right of said certificate and the priority of rights fixed herein;
Provided, however, that the priority and quantity of this appropriation is conditioned
upon compliance with the terms of the application upon which said appropriation is based, to-wit:
Application No. 442 filed in the office of the State Engineer of Utah, and the same is subject
to the provisions of the laws of the State of Utah govering the issuance of certificates of
completion of appropriation by said State Engineer.
(b) Timpanogus Irrigation Company: 55-11108
The defendant the Timpanogus Irrigation Company, under application to the State
Engineer of the State of Utah, number 442, bearing date of August 22, 1905, for 8500 acre feet of
water is entitled to 7/28 of said water and water right, and is entitled to complete said
appropriation and make final proof thereof;
And pending the time designated by the said State Engineer for the completion of said
appropriation as the same may have been or may hereafter be extended, as said application is in
good standing in said State Engineer's office, the said defendant is entitled to the said water or
such portion thereof as may be availiable from year to year and time to time under said
application according to its priority of right and the priority of rights fixed herein;
And upon and after the completion of said appropriation, the said defendant is entitled to
the said water or such portion thereof as may be available from year to year and time to time
under the terms of the certificate of completion of appropriation issued by the State Engineer,
according to the priority of right of said certificate and the priority of rights fixed herein;
Provided, however, that the priority and quantity of this appropriation is conditioned
upon with the terms of the application upon which said appropriation is based, to-wit;
Application No. 442 filed in the office of the State Engineer of Utah, and the same is subject to
the provisions of the laws of the State of Utah governing the issuance of certificates of
completion of appropriation by said State Engineer.
____________________________________________________________________________________
NINETEENTH CLASS RIGHT.
-108-A-
Timpanous Irrigation Comapny: 55-11549
The waters under application to the State Engineer of the State of Utah, number 944A,
bearing date of June 14, 1906, are herein denominated Nineteenth (19th) Class, and
The defendant the Timpanogus Irrigation Company, under application to the State
Engineer of the State of Utah, number 944A bearing date of June 14, 1906, for 7500 Acre feet of
water, is entitled to said water and water right, and is entitled to colmplete said appropriation and
make final proof thereof;
And, pending the time designated by the said State Engineer for the completion of said
appropriation as the same may hve been or may hereafter be extended, as long as said application
is in good standing in said State Engineer's office, the said defendant is entitled to the said water
or such portion thereof as may be availiable from year to year and time to time under said
apllication according to its priority of right and the priority of rights fixed herein;
And, upon and after the completion of said appropriation, the said defendant is entitled to
the said water or such portion thereof as may be availiable from year to year and time to time
under the terms of the certificate of completion of appropriation issued by the siad State
Engineer, according to the priority of right of said certificate and the priority of rights fixed
herein;
Provided, however, that the priority and quantity of this appropriation is conditioned
upon compliance with the terms of the application upon which said appropriation is based, to-wit:
Application No. 944 A filed in the office of the State Engineer of Utah, and the same is
subject to the provisions of the laws of the State of Utahh governing the issuance of certificates
of completion of appropriation by said State Engineer.
_____________________________________________________________________________
TWENTIETH CLASS RIGHT
-109-
55-11550
Washington Irrigation Comapny: 55-11551
That the waters under application to the State Engineer of the State of Utah, numbers
2812 and2813, bearing date of November 12, 1909, are herein denominated Twentieth (20th)
Class, and
That the defendants Washington Irrigation Company, under application to the State
Engineer of the State of Utah, numbers 2812 and 2813, bearing dates of November 12, 1909, for
1000 acre feet of water, is entitled to said water and water right, and is entitled to complete said
appropriations and make final proofs thereof;
And, pending the time designated by the said State Engineer for the completion of said
appropriations as the same may have been or may hereafter be extended, as said applications are
in good standing in said State Engineer's office, the said defendant is entitled to the said water or
such portion thereof as may be available from year to year and time to time under said
applications according to their priority of right and the priority of rights fixed herein;
And, upon and after the completion of said appropriations, the said defendant is entitled
to the said water or such portion thereof as may be available from year to year and time to time
under the terms of the certificates of completion of appropriations issued by the said State
Engineer, according to the priority of rights of said certificates and the priority of rights fixed
herein;
Provided, however, that the priority and quantity of these appropriations is conditioned
upon complience with the terms of the applications uponwhich each respective appropriations is
based, to-wit: Applications numbers 2812 and 2813 filed in the office of the State Engineer of
Utah, and the same are subject to the provisions of the laws of the State of Utah, governing the
issuance of certificates of completion of appropriation by said State Engineer.
WASATCH DIVISION
POWER RIGHTS
-110-
The waters of Provo river and its tributaries appropriated by
the defendants and their predecessors in interest, for the generation
of power, in the Wasatch Division, which each of said parties are
in the owners of the right to the use, from January 1st to December
31st of each and every year, and herein denominated "Wasatch
Division Power Rights" are as folows:
-111-
Utah Power & Light Company: 55-11552
(a) The defendant the Utah Power & Light Company, under
application to the State Engineer of the State of Utah, number
3097, bearing date of April 1, 1910, for 25 second feet of water for
power purposes, from Snake Creek and Lavina Creek the same
being tributaries of Provo River, and having completed said
appropriation and made final proof thereof and recived from the
State Engineer on the 14th day of April 1916, the certificate of
completion of appropriation for 25 second feet of water, is awarded
said 25 second feet of water or such portion thereof as may be
available from year to year and time to time under the terms of the
said certificate of completion of appropriation.
(b) The said defendant the Utah Power & Light Company,55-11553 under application
to the State Engineer of the State of Utah, number 3621, bearing
date of November 21, 1910, for 200 second feet of water for power
puroses, from Provo River, and having completed said
appropriation and made final proof thereof and recived from the
said State Engineer on the 11th day of November, 1916, the
certificate of completion of appropriation for 180 second feet of
water or such portion thereof as may be available from year to year
and time to time under the terms of the said certificate of
completion of appriation.
-112-
Neils J. Johnson: 55-11554
The defendant Neils J. Johnson, is awarded the right to the
use of the waters of the springs commonly called and known as the
Burcumshaw Springs and sufficient of the waters of the Provo
River to aggregate 15 second feet, or such portion thereof as may
be avaliable from year to year and time to time; the same to be
used for the generation of power at that certain Flour Mill known
as the Peoples Roller Mill, situate on lands owned by said
defendant in section 35, township 3 south, range 4 east, Salt Lake
Meridian, after said use the said waters are to be returned to Provo
River above the intake of what is known as the Isalnd Ditch.
-113-
Joseph R. Murdock: 55-11555
The defendant Joseph R. Murdock, is awarded the right to
the use of 50 second feet of the waters of Provo River, or such
portion thereof as may be available from year to year and time to
time, the same to be used for the generation of power, to be
diverted through the Charleston Irrigation Company's lower canal
as now located, and conveyed by means of said canal and a
headrace leading therefrom to the power site of said defendant,
situated near the section line between section 11 and 14, township
4 south, range 4 east, Salt Lake Meridian, after said use the said
water to be returned to Provo River near said power site.
-114-
Heber City, a municipal corporation,
Midway Town Corporation, and 55-11556
Town of Charleston:
The defendants Heber City, a municipal corporation,
Midway Town Corporation, and Town of Charleston, doing
business under the firm name of Heber Light & Power Plant, as
assigned and successor in interest of Abram Hatch, under
application to the State Engineer of the State of Utah, number
1584, bearing date of September 18, 1907, for 150 second feet of
water for power purposes, from Provo River, and having
completed said appropriation and made final proof thereof and
received from the said State Engineer on the 6th day of September
1913, the certificate of completion of appropriation for 150 second
feet of water, is awarded said 150 second feet of water or such
portion thereof as may be available from year to year and time to
time under the terms of the said certificate of completion of
appropriation.
-114-A-
Joseph Hatch, Minnesota A. Dodds,
Lacy H. Farnsworth, Abram C. Hatch, 55-11557
and Jane H. Turner:
The defendants Joseph Hatch, Minnesota A. Dodds, Lacy
H. Farnsworth, Abram C. Hatch, and Jane H. Turner, successors in
interest to Abram Hatch, deceased, and substituted for Ruth Hatch
and A.C. Hatch, administrators of the estate of Abram Hatch,
deceased, are awarded the use of 18.40 second feet of the waters of
Provo River, to be diverted and conveyed through the canal of the
Wasatch Irrigation Company, and to be used for the generation of
power to operate that certain Flour Mill, situated in the northwest
quarter of section 4, township 4 south, range 5 east, Salt Lake
Meridian, after said use the said waters are to be returned to the
said canal of the Wasatch Irrigation Company.
-115-
The "Wasatch Division Power Rights" as aforesaid, use for
the generation of power waters that are thereafter diverted and used
for irrigation and other beneficial purposes, and that such use by
said defendants for the generation of power is an additional use for
waters hereinbefore denominated and found to parties hereto for
irrigation and other beneficial purposes, and such use by said
defendants for the generation of power is subject to, and shall not
interfere with the use of said water for the purpose of irrigation as
hereinbefore designated, and
All of such waters used by the said defendants for the
generation of power, must be so used as to not substantially
interfere with the natural flow of such water and thus cause
substantial fluctuations in the flow thereof, and said defendants
must use such water without substantial diminutation in quantity or
any deterioration in quality
GENERAL PROVISIONS CONCERNING
RIGHTS AND ADMINISTRATION.
-116-
It is further ordered, adjudged and decreed; that for the
purpose of maintaining the volume of the flow of Provo River
available for use of the parties, and to maintain to the parties hereto
the respective rights herein awarded and decreed, none of the
parties shall change the place of use of said water so as the cause
the seepage or drainage therefrom to be diverted away from the
channel of said river, or canals, or from the lands heretofore
irrigated thereby.
-117-
It is further ordered, adjudged and decreed, that the storage
waters, the Ontario Drain Tunnel waters, and the waters diverted
from the Weber River watershed, turned into and coming led with
the waters of Provo River, shall bear its respective loss by
evaporation and seepage, and shall bear each its respective
proportion of the cost of distribution and administration of the
orders of the Court and the Decree herein, and;
The final determination and fixing of the quantity of water
that should be deducted for the loss in transmission of the stored
waters, the Ontario Drain Tunnel waters, and the waters diverted
from the Weber River watershed, turned into and coming led with
the waters of the Provo River, is postponed until such time as
observations and measurements will enable the Court to fix the
same with reasonable certainty. The Court will therefore retain
jurisdiction of this case for that purpose and at some future time,
upon application of any party interested therein, will hear such
evidence as may be available, and determine the amount of loss in
transmission of such water, Pending such hearing and
determination there may be deducted from the stored waters, four
per cent of their volume, for loss by evaporation and seepage.
That the Commissioner shall determine, when practicable,
the quantity of loss by evaporation and seepage, of the waters in
this paragraph referred to.
-118-
It is further ordered, adjudged and decreed, that excepting
storage waters, Ontario Drain Tunnel waters, waters diverted from
the Weber River watershed, the waters used for the generation of
power in the Wasatch Division, and denominated "Wasatch
Division Power Rights", the waters used for the generation of
power in the Provo Division by the Utah Power & Light Company,
the waters of the Midway Waterworks Company, and the waters
for domestic and municipal uses of Provo City as set out in
subdivision (e) paragraph 4; whenever the quantity of water is
insufficient to supply a class, then the persons and parties entitled
thereto shall have the same distributed to the pro rata according to
the quantities to which they are entitled in said class.
-119-
It is further ordered, adjudged and decreed, that except as to
storage waters, the Ontario Tunnel waters, and the waters diverted
from the Weber River watershed, the parties herein named are
entitled to the right to the use of the waters of said Provo River in
the classes in which they are named in each of said divisions, and
no class or party in said class shall use any of such water so long as
the water flowing in said river and the canals is insufficient to
supply the preceding classes with the quantities of water to which
they are entitled as hereinbefore stated.
-120-
It is further ordered, adjudged and decreed, that the plaintiff
and the defendants having the right to store water in their several
reservoirs, as hereinbefore stated, have the right to release said
waters in the quantities and at such times as they may elect, and to
comingle the same with the waters of Provo River, and then be
taken our less the losses by evaporation and seepage.
-121-
(a) It is further ordered; adjudged and decreed, that the First,
Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, and Sixteenth
Classes in the First and Second Districts of the Wasatch Divisions
shall receive their whole supply, when available and present, in
said classes as hereinbefore stated, before other rights.
(b) That in the period of May 15th to August 10th of any year,
the Seventeenth Class in the First and Second District of the
Wasatch Division shall receive their whole quantity in said class,
as hereinbefore stated, before the rights in the Provo Division and
the Third District of the Wasatch Division.
( c) Whenever, between May 1st and June 25th of any year, the
quantity of water in said river and the canals of the parties hereto,
in the First and Second Districts of the Wasatch Division is
insufficient to supply the two districts, above named, with the full
quantity of the waters denominated as the Seventeenth Class, the
said First District shall have the right to its full quantity of said
Seventeenth Class, before the said Second District.
(d) That, the First Class in the Third District of the Wasatch
Division, shall receive their whole quantity in said class, as
hereinbefore stated, before the rights in the Provo Division.
(e) That the defendants hereto, in the Provo Division, shall
receive their whole quantity, as hereinbefore stated, and the
plaintiff shall receive one second foot of water per seventy acres of
land, before the Seventeenth Class of the Third District of the
Wasatch Division.
(f) That in the period of May 1st to May 15th in any year, the
defendants in the Provo Division and the First Class Rights in the
Third District of the Wasatch Division, shall receive their whole
quantity, as hereinbefore stated, and the plaintiff shall receive on
second foot of water per seventy acres of land, before the
Seventeenth Class of the First and Second Districts of the Wasatch
Division.
-122-
(a) It is further ordered, adjudged and decreed, that for the
purpose of equitably dividing and distributing the waters of said
river so that the parties may receive for use the quantities of said
river so that the parties may receive for use the quantities of water
hereinbefore specified and to which they are entitled, awarded and
decreed, at the heads of their distributing laterals the quantity and
volume of the canal and ditches that carry one irrigating stream,
and as such is a distributing lateral, shall be determined and
ascertained by weirs or other proper measuring devices located
above and as near as practicable the place where the first user of
water diverts from said canal or ditch.
(b) And for the purpose of equitably dividing and distributing
the waters of said river so that the parties may receive for use the
quantities of water hereinbefore specified and to which they are
entitled at the heads of the distributing laterals the quantity and
volume of the canals shall be determined and ascertained by weirs
or other proper measuring devices located above the place where
the first user of water diverts from said canal and weirs or other
proper measuring devices located in and near the heads of the
distributing laterals. The quality of loss or gain between the main
station on the canal and the heads of the distributing laterals shall
be determined by the Commissioner with the system in good
working order and repairs and in such condition as will reduce the
losses to the lowest quantity practicable.
Where the flow in the canal is diminished by conditions
that cannot be reasonably avoided, between the main station on the
canal and the heads of the distributing laterals, the quantity at the
main station on the canal shall be such that the quantity to which
the parties are entitled as hereinbefore specified will be delivered
to them at the heads of the distributing laterals.
In case the flow of a canal is increased, such increase shall
be counted as a part of its respective quantity, and the quantity to
which the parties are entitled as hereinbefore specified will be
delivered to them at the heads of the distributing laterals.
Only the quantity of increase that is available to the lands
of a canal system as determined by the Commissioner shall be
counted as part of the quantity of increase as herein provided. The
allowable losses shall include only the actual, reasonable,
unavoidable transmission losses, and shall extend the section of the
canal that carries more than one irrigating stream continuously.
-123-
It is further ordered, adjudged and decreed, that all persons
and corporations, parties to this action, shall respectively construct
or cause to be constructed at their own expense and under the
direction and supervision of the water Commissioner appointed by
the Court proper appliances for the diversion and accurate
measurement of the waters awarded to them respectively; and
thereafter shall maintain and keep in place all dams, head-gate,
flumes, canals and other means by which water is diverted,
conveyed or used, in a good state of repair, together with
appliances for the diversion and measurement of said water; to the
end that no unnecessary loss from seepage or leakage shall occur,
and that the water shall be economically applied to the use for
which it is awarded.
-134-
It is further ordered, adjudged and decreed, that all the
rights declared and decreed herein are founded upon appropriation
of water necessary for some beneficial use, and all such rights are
subject in their exercise to the conditions that they are required and
necessary for beneficial uses and all such rights are expressly
subject to the limitations and conditions that all of such water is
used for some beneficial purpose and is used economically,
without waste, and with due care, and is reasonably and fairly
necessary for such use.
That all the rights declared and decreed herein, founded
upon appropriation of water by application to the State Engineer of
the State of Utah, are subject in their exercise and conditioned
upon compliance with the terms of the application upon which
each respective appropriation is based and upon compliance with
the provisions of the laws of the State of Utah relating thereto, and,
further, each is subject to the provisions of the laws of the State of
Utah governing the issuance of certificates of completion of
appropriation by said State Engineer, and are expressly subject to
the limitations and conditions as contained in the application and
as the same may be further defined in the certificate of completion
of appropriation.
That all the rights declared herein, are awarded for the
beneficial uses specified, and none of the parties hereto, or their
successors in interest, whether heirs, executors, administrators,
successors or assigns, shall divert any of the waters of said Provo
River, or any of its tributaries, except for beneficial use, and
whenever such use has ceased such party or parties shall cease to
divert, and have no right to divert, the said waters, or any part
thereof, and each and all of the parties hereto, their servants,
attorneys, employees, and successors in interest, as aforesaid, are
forever enjoined and restrained from any and all interference with
or diversion or use of the said waters, except in the manner, and to
the extent, and for the purposes, provided herein, whenever such
interference or use would in any manner or at all interfere with the
diversion or use of the water awarded herein to any of the other
parties to this action.
That all the declared and decreed herein, for domestic and
municipal uses and for the generation of power, are continuous
throughout the year without limitation to time or season.
And that all the rights declared and decreed herein, for
irrigation purposes, include the right to divert and use water for
irrigation, culinary, domestic and agricultural purposes connected
therewith. And such rights of diversion and use for culinary, and
domestic purposes are continuous throughout the year, and are
limited to the quantity reasonably necessary for said uses. And
such rights of diversion and use for irrigation purposes is confined
to the irrigation season of each year, and none of said parties shall
divert or use any of said waters, (except for culinary and domestic
purposes as hereinbefore provided,) during the non-irrigation
season-- after the necessity for such use for irrigation purposes has
ceased in the Autumn of each year and until it is necessary to use
the same for irrigation purposes in the Spring of the year
following. The Commissioner, herein provided for, shall enforce
the provisions of this paragraph, particularly to restricting the
quantity of diversion of water during the non-irrigating season in
each year whenever such diversion will in any way or at all
interfere with the use of said waters by the parties herein awarded
water for the generation of power. And that any party to this
action, his heirs, executors, administrators, successors and assigns,
who is dissatisfied with the regulations or rules imposed by the
said Commissioner, may apply to the Court, by written application
and said application may be heard upon affidavits or oral testimony
as the parties may elect, for a review thereof and an order of
direction in the premises.
-125-
It is further ordered, adjudged and decreed, that each and all
of the parties to this action, and their successors in interest,
whether heirs, executors, administrators, successors or assigns, and
they, and each of their agents, servants, and employees, and all
person acting for them, or in their interest, are forever enjoined and
restrained from in any manner, or at all, interfering one with the
other in the full free and unrestricted use of the quantity of the
waters of said river awarded to them, and from in any manner, or at
all, interfering with the distribution of such waters, by the
Commissioner. And each and all of them are likewise enjoined
and restrained from in any manner or at all wasting water.
-126-
It is further ordered, adjudged and decreed, that for the
purpose of the proper distribution of the waters awarded herein,
and for the accurate and equitable diversion and distribution of the
same, among the parties entitled thereto, and for the purposes of
carrying into effect this decree in all its details, this Court will
hereafter appoint a Commissioner with full power and authority to
measure control, regulate and distribute the said waters among the
parties to this action as herein awarded; and from time to time to
construct or require to be constructed such dams, weirs and
appliances as are necessary to the equitable and economical
distribution thereof.
The said Commissioner shall use due diligence and
discretion to give the parties hereto the maintenance and
development of the Provo River, and shall use his discretionary
authority to maintain and develop said river, and to advance and
maintain the crop production that is dependent upon said river.
-127-
It is further ordered, adjudged and decreed, that said
Commissioner shall be appointed by this Court on the First Day of
the April Term of the District Court, at Provo City, Utah County,
Utah. He shall hold his office for the term of one year and until his
successor shall have been appointed and qualified.
Said Commissioner shall receive such compensation as
shall be fixed by the Court, at the time of his appointment, payable
in quarterly installments by the Clerk of this Court from moneys
deposited by the parties for that purpose, as hereinafter provided.
-128-
It is further ordered, adjudged and decreed, that assistants
to the Commissioner shall be employed by the Commissioner upon
the approval of the Court, and shall receive compensation for the
time employed in the same manner as provided for the
Commissioner; and caretakers at the reservoirs shall be employed
and shall be under the direction of the Commissioner and shall
make reports from time to time to the Commissioner as directed by
him. Such caretakers shall be paid in the same manner as provided
for the compensation of the other assistance to the Commissioner,
from money deposited by the owners of the reservoirs for that
purpose.
-129-
It is further ordered, adjudged and decreed, that the basis of
assessment to the respective parties for the expenses of
administration shall be a fixed ratio annually, and the respective
amounts due from each party are payable quarterly, and within ten
days after receipt of notice of the amount thereof.
Upon failure to pay the same within ten days after notice
thereof, said Commissioner is authorized to with-hold further
distribution of waters to the users so in default until the same shall
be paid.
-130-
It is further ordered, adjudged and decreed, that until the
further order of the Court, the proportion of the total assessment to
be borne by each of the respective parties using water for irrigation
id to be fixed by the product of the area of land irrigated,
multiplied by the length of the season of use, divided by the duty
of water on the 15th day of July. The duty of water shall be
determined by using the area of land and the volume of water. The
length of the season of use to serve the purpose of the foregoing
computation is fixed as follows: First Class Rights in the Wasatch
Division, 130 days; Second to Seventeenth Class Rights, inclusive,
90 days; Class "A" Rights in the Provo Division, 165 days; Classes
B,C,D,E,F,G,H,I, and J, in the Provo Division, and Classes
Eighteen, Nineteen and Twenty, in the Wasatch Division, 60 days.
The assessment to the power users shall be as follows:
Utah Power & Light Company---------------------------$ 25.00 per month
Heber City, Midway Town Corporation, and
Town of Charleston, doing business under
the firm name of Heber Light & Power Plant,-----------$ 5.00 " "
L.L. Donnon, power right,-----------------------------$ 0.75 " "
Joseph R. Murdock, power right,-----------------------$ 1.50 " "
Neils J. Johnson, power right,------------------------$ 0.55 " "
Joseph Hatch, Abram C. Hatch, Minnesota A. Dodds,
Jane H Turner, and Lacy H. Farnsworth, power right,---$ 0.75 " "
The, assessment of Provo City for its power rights along the
Factory Race, together with the Provo Pressed Brick Company for its
Brick Plant power right, is to be fixed by the quantity of Class "A" water
herein awarded to this use multiplied by 165; this product to be used in
computing the assessments the same as the figures derived for the
computation of the irrigation assessments, 1/5 of said assessment to be
paid by the Provo Pressed Brick Company and 4/5 by Provo City.
The assessment of Provo City for its municipal water supply is to
be fixed by the quantity of water actually flowing in its system at its
Spring Dell weir in Provo Canyon on the 15th day of July, multiplied by
165. This product is to be used the same as provided for the power rights
above. Since the flow of water on the data specified varies one year with
another, the assessment for each year is to be fixed by the measurement
made on the 15th day of July of that year.
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It is further ordered, adjudged and decreed, that the
Commissioner is hereby directed to distribute the waters herein awarded
in the most economical way tp prevent waste. And if it shall appear that
by combining the flow of a number of parties, and giving each of them
an equivalent quantity with a proper sized irrigating stream for a period
of time at reasonable intervals, commonly called the rotation system
thereby effecting a saving of water and at the same time meeting the full
necessities of the users, said Commissioner is directed to so distribute
said water.
Any party may at any time petition this Court to modify or
change the method of distribution of the quantity of water herein
awarded upon written application to the Court, and said application may
be heard upon affidavits or oral testimony as the parties may elect.
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It is further ordered, adjudged and decreed, that any party to this
action or his successor in interest who is dissatisfied with any the
regulations, requirements, discretionary acts of control in the distibution,
or orders of the Commissioner, may apply to the Court for a review
thereof and for relief therefrom.
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It is further ordered, adjudged and decreed, that each party shall
pay his costs and his witnesses. And that costs for the preparation of
Findings and Decree, and the costs of entering this Decree and all other
Court costs, shall be paid by the parties hereto in the same ratio and in
the same manner as provided for the payment of the Commissioner and
the expense of distribution and administration as hereinbefore provided.
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It is further ordered, adjudged and decreed, that this Court retain
jurisdiction of this cause for the following purposes:
(a) To make corrections for clerical errors, inadvertences and
omissions in the rights decreed, and this reservation of jurisdiction
extends only for sixty days after the decree is entered.
(b) To determine and fix the quantity of losses by evaporation and
seepage of the stored waters, Ontario Drain Tunnel waters, waters
diverted from the Weber River watershed, and such other waters as may
be turned into and comingled with the waters of Provo River.
( c) To determine and fix payments and assessments to be borne by
each of the respective parties, their successors and assigns.
(d) And, to appoint Commissioners and assistants and fix their
compensation, as hereinbefore provided.
In all other respects the Decree shall be final:
This Court, however, at all times, retains jurisdiction of this case
and the subject matter thereof and all the parties thereto, their successors
and assigns, for the purpose of from time to time making such further
orders, rules and regulations as are necessary for the regulation, control
and distribution of said waters according to the terms of this Decree, and
for the purpose of compelling by further decree or otherwise the
construction of such improvements, dams, weirs, and appliances as may
from time to time be found necessary or expedient for the proper
carrying out of the terms of this Decree and for the equitable and
economical distribution of said waters; and for the further purpose of
compelling the payment of such sums by either or any or all of the
parties hereto for the costs and expenses of improvements and the
distribution of said waters, and the compensation of said Commissioner
and assistants, as may by the Court seem just and equitable, and for the
further purpose of carrying the terms and provisions of this Decree into
full force and effect, and to punish the parties hereto, their officers,
agents and employees, and their grantees and successors in interest, for
any violations of the provisions thereof.
C. W. Morse.
Presiding Judge and Judge ProTem.
Dated this 2nd, day of May, A.D. 1921.