In the District Court of the -First JudicialDistrict of the State of Utah In and

for the County of Cache

UTAH POWER & LIGHT COMPANY,Plaintiff

vs.

_ RICHMOND IRRIGATION COMPANY,et al.

Defendants,

FINAL DECREE

Before HON. JAMES N. KIMBALL, .District Jodg«>.

Filed February 21, 1922

W. H. CHUGG,Clerk

By LILLIAN McCULLOCH,Deputy.

In the District Conrt of the First JudicialDistrict of the State of Utah In and

In and For Cache Connty

UTAH POWER & LIGHT COMPANY, a Corporation, Pla,intiff,

vs.

Richmond Irrigation Oompany, Coveville Irrigation Company, Webster Irrigation

Company, Mountain Home Irrigation Oompany,

Smithfield Irrigation Company, SmiJthfield North Bench Ditch Company, SmithfieldWest Bench Irrigation Company, William A. Miles, Samuel Nilson, J ohnathanSmith, Claus Anderson, Loretta Nilson, Marriner Roskelly, Richard Roskelly, A.D. Blanchard, Wm. Andrew, Bert Morse, Daniel Corbett, Catherine Roskelly,

Robert Read, David Weeks, Peter Hansen, William Pelkington,

William Done, George Done, Joseph o. Smith, Joseph 'Smith, Jesse Mortensen,

William Mather, Delbert Rice, L. E. Danielson, Gustav Peterson, John Gyllenskog,

P. P. Bingham,

Riverside Pump and Irrigation Oompany, Hammer Canal Company,

William Coleman, Benjamin Coleman, J-ohn Coleman, Prime Coleman, Sylvester

Coleman, Hyrum Coleman, Mary C. Coleman, Geo. A. Nelson,

Joseph Forester, James Forester, John Pitcher, Henry Pitcher, John C. Cannell,

James Meikle, James J. Meikle, Joseph Meikle,

Geo. P. Toolson, William Winn,

John Carlisle, Andrew Monk, Cyrus Clark, Jos. C. Jorgensen, John Matthews, Gott­fred Beutler, Geo. L. Farrell, Freeborn Merrill, I. E. Noble, H. W. Noble, How­ard Reese, A. V. Reese, C. A. Reese,W. G. Reese, T. H. Reese, A. J. Reese, R. O.Roose, M. M. Reese, Oharles McCann, Joseph J. Richardson, James Roskelly,Mary E. IParrell, E. P. Erickson, Geo. R. Smith, Mary Chambers, Mell Cham­bers, Leah P. Olson, Lucius McCann, Samuel Hunt, R. L,. Nelson, Annie M,Toombs, A. B. Chambers, Oarrie E. Olson,

Irving Plowman, T. H. ChambHs, Maggie Griffiths, Maria Peterson, D. G. Weeks,Henry McCracken, F. J. Gordon, Elizabeth Smith, Samuel Nelson, Alma Reese,

1

S. A. SCl"owther, Wm. Read, Catherine Woodruff, B. H. Aiken, Nephi Tarbet,

V. W. Merrill, Minnie Nilson, Parley Pitcher, Wm. Pitcher, James S.Sheen, T. U. Oragun, Theo. Ohambers Sr., Theo. Chambers Jr., J. A.Cragun, Calvin Cragun, Regenia Smi th, Peter Nilson, Kerste Nilson, W. Jj'.

Winn, l!'. M. Winn, S. P. Nilson, Grace Chambers, A. W. Chambers, P. U. Oham·bers, Moses Richardson, Richard Richardson, Vrolet Peterson, Wm. rl'hornley,Isaac Read, J. W. Peterson, Ephraim Weeks, J. P. Toolson, O. M. Monk, A. J.Monk, Ether Tarbet, Joseph Baugh, Mrs. Jane Doe Partington, John C. Lar­son, Cliff Goodwin, John M. Berry, Jos. .R. Hebaus, J. Z. Stewart, Henry Grif­fiths, Euphemia Griffiths, James Read, Wm. Noble,

'l'homas Smart, Hyrum J. DeWitt, Joseph Kent, 1'homas Irvine, Harry Worley,William Baugh, Oscar Johnson, IDzra Ricks, Hugh J. Dowdle, Joseph E. Cow­ley Jr., F'rank Cowley,Ernest Oowley, l!'. A. Benson,

Ijogan Cow Pasture Water Company,

Logan Land and Drainage Company, Ferdinand ~ollinger, James J. Facer, LoganHyde Park and Smithfield Canal Company, Logan and Northern Irrigation Com­pany, Logan Hollow Canal Company, Providelllce;"'!Jogan Irriglation Company,Providence Pioneer Irrigation Company, Logan Northfield Irrigation Com­pany, Logan Northwestfield Irrigation Company, Logan Island IrrigationCompany, Seventh Ward Irrigation Company, Benson Irrigation Oompany, Lo­gan River and Blacksmith Fork Irrigation Oompany, Hyde Park Irrigation Com-

.pany, Southwest Field Irrigation Company; ThaJtcher Milling and ElevatorCompany, Logan City; Anderson & Sons Company; Central Milling and Eleva­tor Company, Logan Stone and Monument Company; Anthon Anderson, ClaraB. Smith, Grace Price, H. E. Hatch, Georgia T. Hatch, R. A. Hatch j

Abbie B. Thatcher, Carrie B. Pri~e, L. F. Smith, Lester Worley, GeorgeWorley, A. Walton, 'V. C. England, Ellen M. Peterson, Jesse Mayne, Roy Bul­len, Brigham Parry, Anderson & Sons Company, a corporation, Bernard Parry,A. E. Anderson, Brigham Young Oollege, a corporation, John Naf, E. N. Ham­

mond, Alley T. Clayton, L. P. Watkins M. J. Watkins, W. W. Hall, W. E. Mitton~

Thomas Howells, William Athay, Jane A. Thatcher, H. J. Hatch, James H. Allen

Mrs. Asa Bullen, F. A. Hinckley, Abe Tyson, A. J. Hawkes, William Worley,C. H. Wakely, Harriet L. Benson, doing busines,s as the Thatcher IrrigationCompany, an unincorporated association, and John Dern, John C. Sharp, Eliza­beth C. McCune, F.B.Stephens, Angus T. Wright, Anthony Wayne Ivins, Loren­zo N. Stohl, George T. Odell,J. W. Knight, A. G. Barber and Lois Hayball, asthe Board of Trustees of Utah Agricultural College, Isaac P. Stewart, Mary

J. Pedersen,

2

Hyrum Irrigating Company, Providence-Blacksmith Fork Irrigation Company, Ivlill­ville Irrigation Company, College Irrigation Company, Spring Creek IrrigatiellCompany, Blacksmith Fork Light and Power Company, South Cache MillingCompany, Hyrum City, a municipal corporation; Charle's L. Ames, HansineSalverson, Norman H. Salverson, Jacob Janes, Lavina N:, Peterson, ClaytonNielsen, Elva Nielsen, Lila Nielsen, Chas. L. Anderson, T. W. Peterson, ErnestPeterson, Ernest Peterson Jr., Algernon Peterson, Joseph P,eterson, P. M,Poulsen, Ulrich Zbinden.

Paradise Irrigation & Reservoir Oompany, Wellsville East Field Irrigation and Oan~

al Company, Wellsville City, a municipal corporation, Wellsville City Irriga­tion Company, Wellsville North Field Irrigation Company, Mendon South Can­al (a corporation), Wellsville Hawbush Field Irrigation Manufacturing andCanal Company, Paradise J.Jand and Livestock Company, Lindsay Land andLivestock Company (an Ogden Corporation), David McMurdie, Ed. J. Norman;A. O. Jackson, A. O. Jackson Jr., F. J. Law, Charles Shaw, Abraham Fred­erickson, Geo.W.Davis, Geo. Summers, Joseph E. Cowley, James Facer, John W.S. Brown, Wm. Bailey, Robert Maughan, Archibald Maughan, James Maughan,Charles N. Maughan, Heber L. Maughan, David Maughan, Guy Maughan, WmH. Maughan, Brigham Maughan, Christina Maughan, Elmer Maughan, FrankMaughan, John Brenchley, Daniel H. Maughan, Rachel Maughan, PeterMaughan, Wm. H. Darley, John A. Leishman, Joseph Hardman, Joseph T.Lofthouse; Israelson Land, Livestock and Produce Company; Jesse E.Smith, Ole N. Jensen, Joseph E. Smith, Thos. E. Williamson, Joseph R. BrownEdward Walters, Ernest A. Forsberg, John T. James, John E. Miles, Joseph S,

Howells, James H. Danielson, Charlton A. Goldsberry, O. H. Pulsipher, WilliamPulsipher, William Pulsipher Jr., Ole Olson, T. K. Obray, G. S. Obray, E.M. Bick­more, Hyrum Hall, Edward Gibbons, Hyrum Brown, H.P. Hansen, James L.Jen­sen, Robert Baxter, Annie K. Lauritzen, John F. Monson, William H. Jensen, Al­bert Miller, Roar Allen, Paul Johnson, Samson Knowles, Edward Knowles, }.J­

fred Anderson, J. J. Hall, David Kerr, Thomas A. iKerr, Henry Haslam,J'obnHughes, Rebecca C. Hughes~ Sarah A. G. Hughes, Wm. Lea, Willard Parker,Violet D. Parkinson, Henry C. Parker, James Anderson, J. M. Smith,

Mendon City, Mendon Central Irrigation Company, P. A. Sorenson, Mendon NortbIrrigation Company,

Spring Creek Water Gompany, Garr Springs Water Company,

Clarkston Irrigation Company, Newton Irrigation Company,

Utah-Idaho Sugar Company, Lewiston-Bear Lake Irrigation Company, Benson-BearLake Irrigation Company, The Amalgamated Sugar' Oompany, Hill Irrigation

Company, Intermountain Sugar Company, Wood Irrigation Company, D. C. VanDyke, A. J. Hill, Olaf Cronquist, W. R. Ballard, H. W. Ballard Jr., Alma Munk,J ohnathan Smith, W. D. Goodwin, Milton Bullen, Charles G. Wood, Frank Wood,D. A. Skeen, Lester Wheeler, Lloyd Wheeler, A. M. Simonds, Ed. Lower, AlbertBrough, Brown Wood, A. C. Simmons, J. Q. Adams,

Defendants,

4

DECREE

BE IT REMEMBERED that on this day this cause comes on for further hear­ing by the Court, pursuant to adjournment, the parties '8Ippearing by their respectivecounsel. Additional proof is submitted by some of the parties, and thereupon, pur­suant to stipulation of parties that judgment may be entered herein on the evidenceand stipulations of parties submitted to the Court without the formality of makingfindings of fact or conclusions of law, such findings and conclusions being express­ly waived by all of the parties whose appearance has been entered in the action eith­er by oral consent in open court entered in the minutes or by written consent filedwith the clerk, it is ordered, adjudged and decreed by the (Jourt, as follows:

I.

1. That the Bear River is an inter-state stream with a large number of tribu­taries in the States of Utah, Wyoming and Idaho, said river rising in the Wasatchmountains in northeastern Utah and flowing in a general northerly direction throughthe States of Utah and Wyoming to a point on the boundary line between the Statesof Idaho and Wyoming near the town of Border in the State of Wyoming, into theState of Idaho, thence in a general northwesterly direction around the north end ofBear Lake (including North and Mud Lake) located in Bear Lake County, Ida­ho, and Rich County, Utah, to a poini near the town of Alexander in said state ofIdaho, thence in a general southerly direction through the States of Idaho and Utah,emptying into Great Salt Lake in said latter state.

That there is hereby drawn within the jurisdiction of this court, for distributionfor beneficial uses, under and pursuant to the terms of this decree, all that portion ofBear River, as above described, commencing at a point where said river crosses theUtah-Idaho state line in the Northwest quarter of Section 35, Township 15 North,Hange 1 Viest, S. L. B. & M., thence in a general southerly direction to the Wheel­on Power Plant of Utah Power & Light Company in Section 27, Township 13North, Range 2 West, together with all intervening tributaries of the Bear River,which are decreed to constitute a single inter-dependent river system, to be adminis­tered under the terms of this decree. It is also the purpose of this decre2, however,to adjudicate in personam the relative rights of the respective parties to this actionin respect to the impounding and release of the flood water of said river above thesaid Utah-Idaho state line, and to the use of such water, either above or below thesaid state line in so far as such use may conflict with other uses of the water of BearRiver or its tributaries, by any of the parties to this action.

2. Subject to the prior rights of the various defendants, as hereinafter de­creed in the order of their respective priorities, the said plaintiff, the Utah Power

5

& Light Company, has the storage right hereinafter defined in paragraph 1 of theschedule of rights.

The quantity of water released from such storage and to which the plaintiff isentitled, flowing in Bear River at the Utah-Idaho State Line at any given time shallbe determined as provided in the final decree of the District Court of the UnitedStates for the District of Idaho, Eastern Division, in Equity No. 203, wherein UtahPower & Light Company, the plaintiff herein, was plaintiff, and Last Chance CanalCompany, Limited, et aI, were defendants, a copy of which decree has been intro­duced in evidence in this cause; that is to say by deducting from the quantity of wat­er being released from the Bear Lake Reservoir, consisting of Bear and Mud orNorth Lakes, at· any given time,

(a) Such quantity of water as is being simultaneously taken from Bear Riverinto such Reservoir,

(b) Compensation for the natural yield of Bear Lake area as define0 in saiddecree, to be determined at measuring devices installed as provided therein as nearas practical to the present bridge on the Montpelier-Ovid road,. in the southwestquarter of Section 7, Township 13, South Range 44 East, Salt Lake Meridian, asfollows:

From April 20th to July 1st of each year 50 cubic feet per second.From July 1st to July 15th of each year 35 cubic feet per second.From July 16th to Aug. 1st of each year 25 cubic feet per second.From Aug. 1st to Sept. 15th of each year 15 cubic feet per second.

(c) Three and one-half per cent. of the quantity of such released stored wat­ers, to allow for all transit losses between Bear Lake Reservoir and Utah-IdahoState line.

(d) Such amount of said released stored water as may be diverted betweensaid reservoir and State line for consuming uses as distinguished from the non­consuming use of said waters by the plaintiff for power purposes.

In determining transit loss'es or otherwise calculating division of waters as be­tween the natural flow of the river and releasedsbored waters, a time lag of forty­eight hours shall be applied for the flow of released snored water from plaintiff'soutlet control works at Bear Lake Reservoir to the Utah-Idaho State Line, and apropor,tionate time for the flow of water to or from any intervening point of diver­sion for a consuming use of any part of the water above the Utah-Idaho State Line.

After passing said state line such released stored waters may bf convey,edthrough that part of the natural channel of said river covered by this decree, andshall be protected under the provisions hereof for such distribution as ma,y be des­ignated by the plaintiff or its successors-in-interest, to the same extent as though

6

kept and conveyed within an artificial channel. It shall be recognized by the offi­eel's charged with the administration of this decree that the plaintiff's right in said re­leased stored water shall continue until abandonment by the plaintiff, and all partiesto this suit, their heirs, executors, administraJtors, successors, successors-in-interestand assigns, and the agents, servants and attorneys of said parties, their heirs,executors, administrators, ,successors, successors in interest and assigns, are herebyperpetually enjoined and restrained from in any manner using ,or interfering withthe use by the plaintiff of the' said released stored waters, except with the consent andunder the authority of the plaintiff, its successors and assigns.

Between the Utah-Idaho State line and the plaintiff's Wheelan Dam,situated inSection 23, Township 13 South, Range 2 West, S. L. M., an additional transit lossof one per cent shall be deducted from the volume of all sU'ch released stored waterflowing past said State Line as may be del ivered at said dam, allowing a time lag oftwenty-four hours for the flow of the water, and proportionate deductions and cal­culations of time lag shall be made to cover transit losses of water diverted by orunder the authority of the plaintiff between said points.

3. In addition to storage rights of plaintiff, herein decreed, the waters of BearRiver and its tributaries between the points hereinbefore described, as drawn with­in the jurisdiction of this court for distribution under this decree, are herebyallotted and decreed for the various beneficial uses herein specified, withoutwa,ste, to the plaintiff and defendants, respectively, and their successors in title andinterest, in the amounts, ror the purposes and in accordance with the priorities estab­lished and prescribed by the "Schedule of Rights" hereinafter defined.

The rights herein decreed and recognized are designated and classified as"Power Rights," "Irrigation Rights" and "Domestic Rights," respectively, andshall have the following characteristics:

"Powe,r Rights" include the right to div,ert and use water for the generation ofelectric power and such rights of diversion and use are continuous throughout theyear without limitation to time or sea:son.

"Irrigation Rights" include the right to divert and use water for irrigation andagricultural purposes and as a part thereof for culinary, domestic and stock water­ing purposes throughout the irrigation season of each year, which is defined as thatportion of each calendar year which commences on the 1st day of April and closeson the 30th day of September. The water allotted and decreed to the parties here­to for irrigation purposes shall be used upon the land upon which the same is nowap­plied and used as described in the schedule, subject, however, to the rights of appro­pdators or shareholders in any appropriating company to change the place of diver­

sion 'Or use or manner of use, as provided by law.

7

Nothing herein contained shall be construed as limiting the right of the partieshereto by agreement between all parties in interest, to use the water herein decreedto those parties respectively, by ~otation among themselves at suohtime and in suchmanner as they may determine, provided that in so doing they do not infringe uponthe rights of other appropriators as herein described.

The several parties hereto are also hereby adjudged and decreed to have the rightto divert and use so much of the water of said streams during the non-irrigation sea­son, i. e., between the 1st day of October and the 31st day of the succeeding March 'asthey may reasonably require for their domestic, culinary and stock watering uses.Nothing herein contained shall affect specific allo1Jtments made in the schedule ofrights under appropriations for domestic, culinary or other specific beneficial pur­poses, which rights are to be recognized and administered specifically as decreed.

All rights herein decreed to the plaintiff and the ,several defendants are decreedfor the beneficial uses specified, and none of the parties hereto, or thei.r successorsin interest, whether heirs,executors. administrators,succes'sors or assigns,shall havethe right to divert-any of the waters of said Bear River, or any of its tributaries, ex­cept for beneficial use, and whenever any party Qr parties ceases to use the samefor such beneficial purpose, such party or parties shall cease to divert, and shallhave no right to divert t~e said waters, or any part thereof, during such period ofnon-use and each and every of the parties hereto, their servants,attorneys, employesand successors in interest, as aforesaid, are hereby enjoined and restrained from anyand all interference with or diversion or use of said waters, except in the manner, andto the extent, and for the purposes, provided in this decree, whenever such interfer­ence, diversion or use would interfere with the diversion or use of the water awardedby this decree to any of the other parties to this action.

The parties hereto and their successors in interest shall install and maintainsuitable and efficient headgates, controlling works. and measuring devices at theirrespective points.of diversion, and all water herein allotted and decreed shall bemeasured at said points of diversion. Said works and devices shall be built and in­stalled in accordance with plans and specifications to be approved by the state offi­cial charged with the duty of supervising the distribution of water, (subject to re­view by this court). All such devices shall be of such design as to accurately reg­ister the amount of water diverted, and in the case of ditches diverting fifty or morecubic feet per second, automatic measuring and registering devices shall be installedand maintained. All such headgates, control works and measuring devices andgauges shall at all times be subject to the inspection of either party, and to publicofficials or water masters having jurisdiction over the distribution and diversion ofwater, and no dam or other obstruction to the natural flow of the stream shall be

8

maintained so as to divert water from the channel of the streamt except throughditehes t canals or other works provided with such headgates, control works and mea­suring devices t and each of the parties hereto shall be perpetually enjoined from di­verting from the channel of the stream or its tributaries any water through any ditch,conduit or other devices not provided with such headgates t control works and me'a­suring device; provided, that in case of diversions through pipes for power purposes,measuring devices may be dispensed with where the quantity of water diverted maybe otherwise determined by calculations based on power output or current metermeasurements

4. Subject to the power and duty of this Court to supervise and enforce theadministration of this decree. from time to time as occasion may require, and tothat end to appoint special commissioners, whenever necessary, so to do, for whichjurisdiction is hereby expressly reservedt the State Engineer of Utah und his dulyappointed deputies and assistants t or such other state officer as may be charged bylaw with the distribution of the water '9£ said river system or such water commission­ersas this court may hereafter appoint, shall administer this decree and distributethe water of said stream and its tributaries among the severnl appropriators thereoft

in accordance with the provisions of this decree and the statutes of Utah and thecosts and expenses of such administration shall be defrayed as provided by law or'by subsequent order of this Court.

9

n.(" Schedule of Rights")

c.f.s. is used throughout this schedule to designate a flow of one cubic foot of waterper second of time.

ac. ft. is used throughout this schedule to designate a quantity of water sufficient

to cover an area of one acre to a depth of one foot, or 43,560 cubic feet ofwater.

MAIN RIVER DIVERSIONS.

1. Utah,]'owf!!..&.: ~~g~LQq!!iJ2q,'!!:Y=f3~<!.:r~ge rights.

The plaintiff, Utah Power & Light Company, is entitled to divert from the main

channel of Bear River ~rom the natural flow thereof, for stomge purposes, the fol··

lowing amounts:

From Bear Lake:1912-<Sept. 1 300 c.f.s.

Prom Mud Lake:1912-Sept. 1 200 c.f.s.

2. Lewiston-Bear Lake IrrigationCompany:

1914-Dec. 11 100 cof.s.

DATE OF

PRIORITY

1911-March 11912-Sept. 11

AMOUNT IN

SECOND FEET

3000 c.f.s.2500 c.f.s.

10

POINT OF DIVERSION AND

PLACE OF USE

Said water to be diverted from Bear Riverthrough what is known as the Rainbow and.Dingle Inlet Canals, the headworks ofwhich are located respectively in the Northeaslt quarter of Seciion 34, Township 13South, Rang:e 44 East, B.B.M. land thenorthwest quarter of Section 17, Town­ship 14 South, Range 45 East, B. B. M. inBear Lake Go., Ida., and to be carried in-

to and stored in what is known as the BearLake Reservoir and withdrawn therefromfrom time to time as needed or required bysaid Utah Power & Light Company, or itssuccessors in interes1t, for the developmentof power or generating electric energy inany power plant which it may now have-, orhereafter construct or acquire in or alongBear River, in the states of Idaho andUtah, and for irrigation purposes in whatis generally known as Bear River Valleyin said states.

S'aid water to be stored in what is knownu.s Bear Lake Reservoir, and withdrawntherefrom from time to time, as provideain the immediately preceding paragraph.

Said water to be diverted from the natumlflow of Bear River (except as provided bycontract heretofore entered into betweenthe plaintiff and this defendant) at a poin~

;t The Amalgamated Sugar Compmny:1917~May 1 6.0 c.f.s.

DATE OF

PRIORITY

4. W. D. Goodwin:1894-May 11919-May'1

AMOUNT IN

SEOOND FEET

0.5 c.f.s.1.5 c.f.s.

POINT OF DIVERSION AND

PLAOE OF USE

North 80 0 51' Weist 691.5 feet from theSoutheast corner of Section 20, Township16 South, Range 39 East B. B. & M., bymeans of -electrically driven pumps ther-einstalled and used for the irrigation of10,000 Bcres of land in Sections 1, 2, 3, 10,11, 12, 13, 14, 15, 21, 22, 23, 24, 25, 26, 2728 and 29, said township and range; Sec­tion 35 ,and 36, Township 15 North, Range 1West, S. L. M.; Sections 1, 2, 3, 11, 12, 13,14, 15, '22,23, 24, 25,1 26, Township 14North, Range 1 West,S. L. M. Sections31, 32, 33, Township 15 North, Range 1East, S. L. M. Sections 3, 4, 5, 6, 7, 8, 9,10, 15, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31,32, Township 14 North, Range 1 East;'provided, however, that the priority of thisappropriation is conditioned upon a com­pliance with the terms of the permit uponwhich said appropriation is based, to-wit:Permit No. 10883, issued by State Engineerof the State of Idaho. In the event the finalcertificate should not issue on said per­mit by the Commissioner of Reclamation ofthe State of Idaho as provided by the lawsof said State, then the priority of saidright shall date from July 29th, 1917,which is the date ·of the actual diversionand beneficial use of said quantity of wa­ter under said appropriation.

Said water to be diverted from the naturalflow of Bear River between Sept. 15th andMarch 15th of each ensuing year at apoint in the Southwest quarter of theNortheast quarter of Section 3, Township14 North, Range 1 Weist, S. L. M., bymeans of electrically driven pumps, andthence conveyed by a pipe to the CornishSugar Factory and there used in the man­ufacture of sugar, and thence returned tothe channel of Bear River at a point in theNorthwest quarter of the Southeast quar­ter of Section 3, said township and range.

Said water to be diverted from the naturalflow of Bear River by means of electricallydriven pumps located at a point in theSouthwest quarter of Section 15, Township

11

POINT OF DIVERSION AND

PUCE OF USE

DATE OF

PRIORITY

AMOUNT IN

SECOND FEET

11. Wood Irrigation Company:1920-June 12 2.0 c.f.s.

10 Hill Irrigation Company:1920--May 15 4.0 c.f.s.

14. Smithfield West Bench IrrigationCompany,

1919-June 1 5 c.f.s.

5. D. C. Van Dyke,6. A. M. Simmonds,7. A. C. Simmonds,8. Ed. Lower,9. Albert Brough,

1918-May 1

12. Lloyd Wheeler:13. Lester Wheeler:

1920-June 17

3.0 c.f.s.

2.5 c.r.s

14 North, Range 1 WHst, S. L. M., for theirrigation of 140 acres of land in theSouthwest quarter of Section 15, and theNortheast quarter of the Southeast quar­ter of Section 16, Township 14 North,Range 1 West, S. L. M.

To be diverted from the natural flow ofBear River by means of electrically drivenpumps at a point in Section 22, Township14 North, Range 1 West, S. L. M., for theirrigation of 200 acres of land in said Sec­tion 22.

Said water to be diverted from the naturalflow of Bear River by means of electricallydriven pumps ata point 1246 feet Northand 706 feet West of the East quarter cor­ner of Section )22, Township 14 North,Range 1 West, S. L. M., for the irrigationof 310 acres of land in Sections 22 and 23,said township and range.

Said water to be diverted from Bear Riv­er at a point in the Southeast quarter ofSection 22, Township 14 North, Range 1West, by means of an electrically operatedpump, and used for the irrigation of 124acres of land in the Southeast quarter ofSection 22 and the Northeast quarter ofSection 27, said township and range.

Said water to be ,liverted from a sloughtributary and adjacent to Bear River at apoint in the Southeast quarter of Section15, Township 14 North, Range 1 West, bymeans of an electrically operated pumpand used for the irrigation of 200 acres ofland in the Southeast quarter of Section15, and the Southwest quarter of Section14, said township and range.

Said water to be diverted from the naturalflow of Bear River by means of an electric­ally driven pump, at a point in Section18, Township 13 North, Range 1 East, S. L.M., and used for the irrigation of 75 acre'sin Section 8, said Township and Range, and

12

POINT OF DIVERSION AND

PLACE OF USE

DATE OF

PRIORITY

AMOUNT IN

SECOND FEET

19. The Amalgamated Sugar Company.(a) 1917-0ct. 1 6.0 c.f.s.

15. Milton Bullen:1917-July 5

16. Charles G. Wood:17. Frank Wood:18. Brown Wood:

1920-June 1

(b) 1870-May 1

4:.88 c.f.s

2.5 c.r.s .

1.5 c.f.'s.

for the supplemental irrigation of 630acres of land in Sections 8, 17, 18 and 19,said Township and Range.

Said water to be diverted from the naturalflow of Bear River by means of electrical­ly driven pumps .at a point in the Southeastquarter of Section 36, Township 14, Nortp.!Range 1 West, S. L. M., and used for theirrigation of 243 acres of land located inthe Southeast quarter of said Section 36,the Northeast quarter of Section 1, Town­ship 13 North, Range 1 West, the Nortb.­west quarter of Section 6, Township 13North, Range 1 East, and the North half ofSection 31, ToWnship 14 North, Range 1East.

Said water to be diverted from the natur­al flow of Bear River by means of electri(}oally driven pumps at a point in the South­west quarter of Section 5, Township 13,.North, Range 1 East, S. L. M., for the ir­rigation of 200 acres of land in Sections6, 7 and 8, said township and range.

Said water to be diverted from the natur­al flow of Bear River betwe,en Sept. 15and April 1st \of 'eaeh ensuing yearby means of electrically driven pumps ata point opposite the Smithfield Sugar Fac­tory in Section 19, Township 13 North,Range 1 East, S. L. M., and thence con­veyed by means of a pipe to the Smithfieldfactory and there used ill the manufactureof,sugar, and thence returned to the chan­nel of Bear River at a point in the South­east quarter of Section 19, Township13 North, Range 1 East, S. L. M.

Said water to be diverted from NobleSpring situated on the following describedtract of land: Beginning at a point 16.25chains South and 35.8 rods West of theNortheast corner of the Southwest quarterof Section 29, Township 13 North, Range1 East, S. L. M., thence West 9 rods; thenceNorth 8 rods; thence East 118 feet, thenceEast by South 30 feet to a point 120 feetNorth of the place of beginning, thence

13

27. Benson-Bear Lake Irrigation Co.1917-May 1 7.0c.f.s.

DATE OF

PRIORITY

20. J onathClln Smith:21. Ether Tarbet:22. Nephi Tarbet:

1917-May 1

23. H. W. Ballard Jr.,24. A. J. Munk,25. O. M. Munk,26. Alma Munk,

1917-May 1

28. J. Q. Adams,1915----May 4

AMOUNT IN

SECOND FEET

3.0 c.f.s

4.0 c.f.s.

2 c.f.s.

14

POINT OF DIVERSION AND

PLACE OF USE

South 120 feet to said place of beginning,thence conV'eyed to Defendant "s SmithfieldSugar factory and there used throughoutthe year for culinary, domestic and stockwatering purposes and for a supplementalwater supply :ror manufacturing purposes.

Said water to be diV'erted from the natur­al flow of Bear River by means of elec­trically driven pumps at a point in Section25, Township 13, North Range 1 West, S.L. M., and used for the irrigation of 270acres of land in the South half of theSoutheast quarter of Section 25, and theNortheast quarter of Section 36, saidtownship and range.

Said water to be diverted from the naturalflow of Bear River by means of electrical­ly driven pumps at a point in Section 1,Township 12 North, Range 1 West, S. L.M., and used for the irrigation of 300 acresof land in the Northeast quarter of theSouthea:st quarter of Section 21,the Northhalf of the Southeast quarter and the Northhalf of the Southwest quarter of Section2, said township and range.

Said water to be diverted from the naturalflow of Bear River by means of electricallydriven pumps at a point in Section 11,Township 12 North, Range 1 West, S. L.M., for the irrigation of 700 acres of landin the Southwest quarter of Section 11,Section 10, East half of Section 9, South­west quarter of Section 3, and Northwestquarter of Section 4, said township andrange.

To be diverted from the slough commonlyknown as Horse Shoe Bend Slough at apoint 363 feet North and 274 feet West ofthe Southeast 'corner of Section 34, Town­ship 13 North, Range 1 West, S. L. Y., bymeans of an electrically driven pump therelocated and thence conveyed through pipes'and ditches to 150 acres lof land in theNortheast quarter of the Southwest quar­ter, the North half of the Southeast quar­ter and the Southeast quarter of the South·

:~O. Intermountain Sugar Company:1920-Feb.5 50 c.f.s.

DATE OF

PRIORITY

29. D. A. Skeen:1919-May 3

AMOUNT IN

SECOND FEET

100 c.f.s

15

POINT OF DIVERSION AND

PLACE OF USE

east quarter of Section 34, and the South­wes,t quarter of the Southwest quarter ofSection 35, 'all in Township 13 North,Range 1 West, '8. L. M., and there used ~or

the ir:rigation of said lands.

Said water to be diverted from the naturalflow of Bear River by means of electrical­ly driven pumps at a point South 45° East1320 feet from the Southwest corner ofSection 19, Township 13 North Range 1W,est, S. L. M., for the irrigation of 9440acres of land, and, or such additional landas such water is capable of irrigating, lo­cated in Sections 30, 31 and 32, Township13 North, Range 1 West, Sections 4, 5, 6,7, 8, 9, l5, 16, 17, 18, 19, 20, 21, 28, 29,30, 31, 32 'and 33, Township 12 North,Range 1 West, and Sections 4, 5, 8, 9, 16,17,20,21,28 and 34, in Township 11 NorthRange 1 West, S. L. M., provided, howev­er, that the priority and amount of this ap­propriation is conditioned upon a compli­ance with the terms of the application uponwhich said appropria:tion is based, to-wit:Application File No. 8085, filed in the of­fice of the State Engineer of the State ofUtah and the same is subject to the pro­visions of the laws of Utah governing theissuance of water certificates by the StateEngineer of the said State of Utah.

Said water to be diverted from the naturalflow of Bear River by means of electrical­ly driven pumps installed at H point 3676feet West of a point 3343 feet North ofthe Southeast corner of Se1ction 24, Town­ship 13 North, Range 2 West and used forthe irrigation of 3480 acres of land locatedin Sections 12, 13, 23 and 24, Township 13North, Range 2 West, Sections 7, 8, 18,19 and 20, in ToWnship 13 North, Range1 West, S. L. M.; provided, however, thatthe priority and amount of this appropria­tion is conditioned upon a compliance withthe terms of the application upon whichsaid appropriation is based, to-wit: Appli­cation, File No. 8443, filed in the office ofthe State Engineer of Utah and the same

DATE OF

PRIORITY

in. W. R. Ballard:1917-March 28

AMOUNT IN

SECmm FEET

12 c.f.s.

POINT OF DIVERSION AND

PLACE OF USE

is subject to the provisions of the laws ofsaid state governing the issuance of water·certificate by the State Engineer of thesaid State of Utah.

Said water to be diverted from the naturalflow of Bear River by means of electricallydriven pumps at a point 2275 feet Northof a point 2018 feet West from the South­east corner of Section 24, Township 13North, Range 2 West, and used for the ir­rigation of 880 acres of land in the Easthalf of the Southeast quarter of Section24, the Northeast quarter of the Northeastquarter of Section 25, Township 13 North,Range 2 West, and the West half of theSoutheast quarter of Section 30, the South.west quarter of the Southeast quarter ofSection 19-, the Northeast quarter and theEast half of the Northwest quarter of Sec­tion 31, Township 13 North, Range 1 West,S. L. M., provided however, that the prior­ity and amount of this appropriation isconditioned upon a compliance with theterms of the application upon which saidappropriation is based, to-wit, applicationFile No. 7193 filed in the office of theState Engineer of Utah, and the same issubject to the provisions of the laws ofsaid state governing the issuance of watercertificates by' the State, Engineer of thesaid State of Utah.

32. Utah Power & _LJ~{Jh~JJom,:e.ffiJ'!L,;Wheelon Power,.l'.f.a;n{J. ...1903-Dec. 1 270 c.f.s.190~Dec. 1 135 c.f.\s.t908-Dec. 1 135 c.f.s.1912-Dec. ·2 500 c.f.s.

----------J .&. f.,~.,0"" ()

Said water to be ,diverted by means of adam in the channel of Bear River at apoint which bears North 800 33' West 2183feet from the Northeast corner of Section26, Township 13 North, Range 2 West, S.L. B. M., in Cache County, Utah, througheither or 'both of two canals commonlyknown as the East Side Canal and the WestSide Canal, to the Wheelon Power Plant,situate in the Southeast quarter of theSouthwest quarter of Section 27, saidtownship and range in Box Elder County,Utah, and ther,eused for the gene:rationof electric energy or power and returnedto the channel of Bear River.

16

Utah-Idaho Sugar Compa;ny:(a) 1889-March 1 333 c.f.s.

1901-May 14 133 c.f.s.1914--May 1 43 c.f.s.

33.

DATE OF

PRIORITY

(b) 1904--June 1

AMOUNT IN

SECOND FEET

95 c.f.s

POINT OF DIVERSION AND

PLACE OF USE

Said water to be diverted by means of adam known as the "Wheelon Dam" in thechannel of Bear River, located at a pointNorth 80° 33' West, 2183 feet from theSoutheast corner of Section 23, Township13 North, Range 2 West, S. L. B. M., inCache County, Utah, through what is gen­erally known as the West Side Canal, andused for irriggi;ioIt of 38, 230 acres of landin the following subdivisions, to-wit:

In Township 13 North, Range 2 West, S.L. B. M., Sections 31, 33 and 34 j

Tn Township 13 North, Range 3 West, S.L. B. M., Sections 25, 26, 35 and 36 j

In Township 12 North, Range 3 West, S.L. B. M., Sect.ions 1, 2, 11, 12, 13, 14, 15,22, 23, 24, 25, 26, 27, 33, 34, 35 and 36;

In Township 12 North, Range 2 West, S.L. B. M., Sections 4, 5, 6, 7, 18 and 19;

In Township 11 North, Range 2 West, S. L.B. M., Sections 6, 7 and 31;

In Township 11 North, Range 3 West, S.L. B. M., Sections 1, 2, 3, 4, 5, 6, 7, 8, 9,10, 11, 12, 13 14, 15, 16, 17, 18, 21, 22,23,24, 25, 2fi, 27, 28,33,34, 35 and 36;

In Township 11 North, Range 4 West, S.L. B. M.,·Sections 1, 2, 3, 10, 11, 12, 14, 15,22, 27, 28, 29, 32, 33, 34 and 35;

In Township 10 North, Range 4 West, S.L. B. M., Sections 5, 8, 21 and 22;

In Township 10 North, Range 3 West, S.L. B. M., Sections 1, 2, 3, 4, 9, 11, 12, 13,14, 23, 24, 25, 26, 28, 29, 32, 33, 34, 35 and36;

In Township 10 North, Range 2 West, S.L. B. M., Sections 18, 19, 20 and 31 j

In Township 9 North, Range 3 West, S. L.B. M. Sections 1, 2, 3, 4, 9, 10, 11, 15, 16,21 and22.1

'" ,..0

Said water to be diverted from the mainchannel of Bear River at the Wheelon Dam,described in the immediately preceding

17

DATE OF

PRIORITY

(c) I9I2-Dec. 2

34. Olaf Cronquist:I91S-May 1

AMOUNT IN

SECOND 'FEET

500 c.f.s

6 c.f.s

POINT OF DIVERSION AND

PLACE OF USE

paragraph, through what is known as theEast Side Canal, and used for irrigating7,100 acres of land in the following de­scribed sp.:lbdivisions, to-wit:In Township 12 North, Range 2 East, S.L. B. M., Sections 8, 17, 19, 30, 31 and 32 j

In Township 11 North, Range 2 West, S.L. B. M., Sections 5, 6, 7, 8, 9, 16, 17, 18, 19,20, 21, 28, 29, 30, 31, 32 and 33 ;

In Township 10 North, Range 2 West, 8.L. B. M., Sections 4, 5, 6, 7, 8, 9, 10, 15,16, 17, 18, 19, 20, 22, 28, 29, 30, 31. 32 and33 j

In Township 9 North, Range 2 West, S. L.B. M. Sections 4, 5, 9, 16, 17, 20 and 21;

Said w~ter to be diverted from the mainchannel of Bear River at Wheelon Damdescribed in the immediately preceding par­agraph through what is known as the WestSide Canal and used for the irrigation of104,000 a'cres of land in Townships 11 and12 North, Range 4 West, Townships 10, 11,12, 13 North, Range 3 West, and Town­ships 9, 10, 11 12 and 13 North, Range 2West, S. L. B. M. Provided, however, thatthe priority and amount of this appropria­tion is conditioned upon a compliance withthe terms of the application upon whichsaid appropriation is based, to-wit: Appli­cation, File No. 4939, filed in the officeof the State Engineer of the State of Utah,and the same is subject to the provisions ofthe laws of said state governing the issu­ance of water certificates iby the -StateEngineer of the said State of Utah.

Provided that the aggregate quantity ofwater diverted simultaneously under thisdecree, through the "East" and "West"Wheelon aanals, for power and/or irriga­tion purppses, shall not e:x:ceed 1414 cubicfeet per second of time.

Said water to be diverted from the natur.:Jflow of Bear River by means of electrical­ly driven pumps at a point in the South-

18

AMOUl-TT IN

SECOND FEET

DATE OF

PRIORITY

POINT OF DIVERSION AND

PLACE OF USE

W(~st quarter of the Northwest quarter ofSection 2, Township 12 North, Range 1West, S. L. M., and used for the irrigationof 480 acres of land in Sections 2 and 3,Township 12 North, Range 1 West, a.ndSection 35, Township 13 North, Range 1West, S. L. M.

HIGH CREEK AND TRIBUTARIES

36. Webster Irrigation Company:(a) 1860-May 1 10 c.f.s

35. Mountain Home IrrigationCompany:

(a) 1860-May 1 20 c.f.s.

(b) 1860-May 1 1 c.f.s.

Said water to be diverted in the Northeastquarter of the Northeast quarter of Sec­tion 7, Township 14 North, Range 2 East,S. L. M., during all portions of the irriga­tion season of each year when the totalflow of said High Creek equals or exceed151 c.f.s, and at all times when the flow ofsaid· stream falls below 151 c.f.s. saidclaimant shall be entitled to 4-10 of 2-11 ofthe total flow thereof, to be used for the ir­rigation of 1400 acres of land in Section6, Township 14 North, Range 2 East, Sec­tion 31, Township 15 North, Range 2 East,Sections 1 and 12, Township 14 North,Range 1 East, and Section 36, Township15 North, Range 1 East, S. L. B. & M.,and Section 17, Township 16 South, Range40 East, B. B. & M.

Said water to be diverted at the above des­ignated point of diversion between October1 and October 15 of each year for inciden­tal late irrigation; provided ho·wever, thisright shall be subject to the right of TheAmalgamated Sugar Co. (based upon con­tract with prior appropriators) to divertwater for manufacturing purposes as here­in decreed.

Said water to be diverted from High Creekat a point approximately 25.50 chainsSouth and 35 feet 'Vest of the Northeastcorner of Section 14, Township 14 North ofRange 1 East of the Salt Lake Meridian,during all portions of the irrigation seasonof each year when the total flow of HighCreek equals or exceeds 151 c.f.s. and at alltimes when the flow of said stream fallsbelow 151 c.f.s. the said claimant shallhe entitled to 1-24 of 9-11 of the total

19

38. Richmond Irrigation Company:1860:-May 1 100 c.f.s.

37. Coveville Irrigation Company:(a) 1860-May 1, 15 c.f.s.

DATE OF

PRIORITY

(b) 1860-May 1

(b) 1860-May 1

AMOUNT IN

SECOND FEET

1 c.f.s.

1 c.f.s

POINT OF DIVERSION AND

PUCE OF USE

flow thereof for the irrigation of 720 ac­res of land lying in Section 11 and 14~

Township 14 North, Range 1 East, SaltLake Meridian in Cache County, Utah.

Said water to be diverted from the abovenamed stream and at the above designatedpoint of diversion, only during the periodfrom October 1 to October 15 of each yearfor incidental late irrigation; providedhowever this right shall be subject to theright of The Amalgamated Sugar Co.(based upon contract with prior appro­priators) to divert water for manufactur­ing purposes as herein decreed. .

Said water to be diverted from HighCreek at a point approximately 25.50chains South and 35 feet West of the North­east corner of Section 14, Township 14North of Range 1, East of the Salt LakeMeridian, during all portions of the irriga­tion season when the total flow of HighCreek equals or exceeds 151 c.f.s. and at alltimes when the flow of said stream fallsbelow 151 c.f.s., said claimant shall beentitled to 6-10 of 2-11 of the total flowthereof for the irrigation of 820 acres ofland lying in Sections 1, 11 and 2, Town­ship 14 North of Range 1 East of SaltLake Meridian in Cache County, Utah.

Said water to be diverted from the abov,enamed stream and at the above designatedpoint of diversion, only during the periodfrom October 1 to October 15 of each yearfor incidental late irrigation; providedhowever this right shall be subject to theright of The Amalgamated Suga,r Co.(based upon contract with prior lappro­priators)to divert Wiater for manufactur­ing purposes as herein decreed.

Said water to be diverted from the variousstreams and springs hereinafter named andthrough the diverting channels hereinafterdescribed, during each irrigation season,provided, however, that at all times whenthe total flow of High Creek is less th.an151c.f.s. said company shall be entitled

20

Lower High Creek Ca-nal-

Upper High Creek Canal-

DATE OF

PRIORITY

A:r.WUNTIN

SECOND FEET

Hy Bear Ditchr-

POINT OF DIVERSION AND

PLACE OF USE

to divert and use 23-24 of 9-11 of the to­tal flow thereof, and said water to be used.for the irrigation of 10,000 acres of landsituate and lying within the following de­scribed boundaries, to-wit: Beginning atthe Southwest corner of Section 9, Town­ship 13 South, Range 1 East, and runningthence North to the North bank of Cubriver, thence up and along the North bankof Isaid river to its intersection with theNorth bank of High Creek, thence upand along the North bank of said Creek toits intersection with the east line of Section7, Township 14 North, Range 2 East,th(~nce South aproximately 7 mlies to theSoutheast corner of Section 7, TOWIlShip13 North, Range 2 East, thence West ap­proximately 5 miles to the place of begin­ning.

diverting from High Creek at a point99 feet West of a point 746 feet North ofthe Southeast corner of Section 5, Town­ship 14 North of Range 2 East of the SaltLake Meridian;diverting from High Creek at a point 235feet West of a point 1132 feet South ofthe Northeast corner of Section 7, Town­ship 14 North of Range 2 East of the SaltLake Meridian;diverting from High Creek at a point 1048feet west of a point 1103 feet North ofthe Emst quarter corner of Section 14,Township 14 North of Range 1 East of theSalt Lake Meridian;

The remainder of the water to which saidclaimant is entitled is to be diverted fromthe following named streams and at thefollowing designated points of diversion;provided that where there is more thanone canal diverting from any one streamthe diversion may be made through eitheror all of them as the convenience of thesaid claimant may dictate.

CHERRY CREEK:

Upper Cherry Creek Canal- diverting from Cherry Creek at a point

21

DATE O.l!'

PRIORITY

HIBCHCREEK

CITY CREEK:

AMOUNT IN

SECOND FEET

Shepherd Ditch--

Birch Creek Ditch-

POINT OF DIVERSION AND

PLACE OF USE

459 feet East of a point 2617 feet Southof the Northwest corner of Section 30,Township 14 North of Range 2 East of theSalt Lake Meridian.

diverting from Cherry Creek at approxi­mately the same point as the Upper Cher­ry Greek Canal above described:

Diversion from Cherry Creek into UpperHigh Creek Canal at a point 870 feet Westof a point 2253 feet North of the Southquarter corner of Section 24, Township 14North of Range 1 East of the Salt LakeMeridian, and also at a point 1044 feetWest of the point 2064 feet north of theSouth quarter corner of said Section 24;

Diversion from Cherry Creek into LowerHigh Creek Canal at a point 20 feet Westof a point 3246 feet North of the Southquarter corner of Section 23, Township14 North of Range 1 East of the Salt LakeMeridian;

Diversion from Cherry Creek at a pointapproximately the center of Section 29,Township 14 North of Range 2 East of theSalt Lake Meridian.

Diversion at a point 1829 feet West ofapoint 672 feet South of the North quartercorner of Section 30, Township 14 North,of Range 2 East of the Salt Lake Meridian.

Diverting from Birch Creek at a point 900feet North of the North quarter corner ofSection 25, Township 14 North. of Range 1East of the Salt Lake Meridian;

Diversion from Birch Creek into UpperHigh Creek Canal at a point 1240 feetWest of a point 1938 feet North of theSouth quarter corner of Section 24, Town­ship 14 North of Range 1 East of the SaltLake Meridian.

Diversion from City Creek into Upper

22

DATE OF

PRIORITY

AMOUNT IN

SECOND FEET

Trip Ditch-

Stoddard Ditch-

POINT OF DIVERSION AND

PLACE OF USE

Cherry Oreek Canal at a point 848 feetEast of a point 2410 feet North of theSouthwest corner of Section 36, Township14 North of Range 1 East of the Salt LakeMeridian; also at a point 971 feet East ofa point 1463 feet North of the Southwestcorner of said Section 36;

Diversion from City Creek into UpperHigh Creek Canal at a point 1222 feet Westof a point 676 feet North of the South quar­tercorner of the Northeast corner of Sec­ion 25, Township 14Forth of Range 1 Eastof the Salt Lake Meridian;

Diversion fIom City. Cm~k into \LowerHigh Creek Oanal at ~ point 376 feet Southof a point 1131 feet East of fhe" Northwestcorner of Section 35, Township 14 Northof Range 1 East of the Salt Lake Meri­dian;

Diverting from City Creek at a point 376feet North of a p.oint 3758 feet East of theSouth quarter corner of Section 36, Town­ship 14 North of Range 1 East of the SaltLake Meridian;

Diverting from City Creek at a point 247feet North of a point 2343 feet East of theSouth quarter corner of Section 36, Town­ship 14 North of Range 1 East of the SaltLake Meridian.

MISCELLANEOUS SPRINGS:

Cabin Spring-

Kerr Spring-

Maple Hollow Spring-

North Nebo Spring-

Situated near the Northeast corner of Sec.­tion 12, Township 13 North of Range 1East of the Salt Lake Meridian;

Situated at a point 200 feet North of apoint 500 feet West of the center of Section2, Township 14 North of Range 1 East ofthe Salt Lake Meridian;

Located at a point 100 feet west of a point200 feet South of the center of the South­east quarter of Sectio~ 11, Township 13North, of Range 1 East, of the Salt LakeMeridian;

Located at a point 957 feet East of a poin1

23

DATE OF

PRIORITY

AMOUNT IN

SECOND FEET

South Nebo Spring-

Robinson Spring-

Stewart Spring-

North Stoddard Spring-

South Stoddard Spring-

POINT OF DIVERSION AND

PLACE OF USE

152 feet North of the West quarter cornerof Section 6, Township 13 North of Rangp2 East of the Salt Lake Meridian;

Located at a point 753 feet East of a point1310 feet South of the West quarter cornerof Section 6, Township 13 North of Range2 East of the Salt Lake Meridian;

Located at a point 7 feet Ea'st of a point260 feet North of the Southwest corner ofSection 26, Township 14 North, of Range1 East of the Salt Lake Meridian;

Located at a point 886 feet West of a point693 feet South of the North quarter cornerof Section 26, Township 14 North of Range1 East of the Salt Lake Meridian;

Located at a point 1256 feet East of apoint 1146 feet South of the Northwestcorner of Section 1, Township 13 North ofRange 1 East of the Salt Lake Meridian;

Located ata point 875 feet East of a point1783 feet South of the Northwest corner ofSection 1, Township 13 North of Range 1East of the Salt Lake Meridian.

7 c.f.s.

100 c.f.s.186D-May 1

1860-May 1

Said water to be div'erted from the abovenamed streams; and at the above desig­nated points of diversion for the supple­mental irriga,tion of the above describedland of defendant, Richmond Irr. Co., dur­ing that portion of the irrigation seasonof each ye'ar prior to the first day of July.

To be diverted from the above namedstreams and at the above designated pointsof diversion, only during the period fromOctober 1st to October 15th of each yearfor incidental late irrigation; pJ'iovidedhowever this right shall be subject to theright of The Amalgamated Sugar 00.(based upon contract) to divert water formanufacturing purposes as herein decreed.

39. The Amalgamated Sugar CompanYl Said water to be aiverted from High Creek(a) 1906-May 1 5.0 c.f.s. between Sept. 15 and June 15th of each

ensuing year at a point in the Northeast

24

DATE OF

PRIORITY

(b) 1860-May 1

(c) 1860-May 1

AMOUNT IN

SECOND FEET

2 c.f.s.

1 c.f.s.

POINT OF DIVERSION AND

PLACE OF USE

quarter of Section 14, Township 14, NorthRange 1 East, and thence conveyed bymeans of a pipe line approximately 9800feet in length to the Lewiston Sugar Fac­tory located in the Northwest quarter ofSection 10, Township 14 North Range 1East, and there used in the manufactureof sugar, and thence returned to the chan­nel of the Cub river at a point in the North·west quarter of Section 10, Township 14North, Range 1 East, Salt Lake Meridian.

Said water to be diverted from theBowman Springs located on a~ract ofland beginning at a point 1410 feet Northof the Southwest corner of Section 19,Township 14 North, Range 2 East, S. L.M., Ithence E\ast 150 feet; thence' South290 feet; thence West 150 feet; thenceNorth 290 feet to the place of beginning,and another tract beginning at a point 1320feet North of the Southwest corner of Sec­tion 19, Township 14 North, Range 2 East,S. L. M., thence North 200 feet; thenceWest 200 feet; thence South 300 feet;thence East 200 feet; thence North 100 feetto the place of beginning; and another tractbeginning at a point 170 feet South and490 feet East from the Southwest cornerof the Northeast quarter of Section 24,Township 14 NQrth, Range 1 East, S. L. M.,thence North 60 degrees East 500 feet;South 30 degrees East 150 feet, thenceSouth 60 degrees \iVest 500 feet, thenceNorth 30 degrees West 150 feet to the placeof beginning.

Said water to be diverted from MorrisonSprings located on a tract of land situatedas follows: Beginning ata point 0.4 chainsNorth of a point 19.88 chains East of theSouthwest corner of the Northwest quarterof Section 24, Township 14 North, Range1 East, thence East 4.20 chains; thenceNorth 1.32 chains; thence North 79° 9'West, 2.70 chains, thence West 1.56 chains;thence S'Outh 1.80 chains to the place of be­gmnmg.Said water from Bowman and Morrison

25

DATE O:F

PRIORITY

(d) 1906-May 1

AMOUNT IN

SECOND FEET

7 c.f.s.

POlNT OF l)lVEltSION ANI)

PLACE OF USE

Springs are conV'ey;ed to the Lewiston Su­gar factory of the Defendant throughoutthe year and there used for culinary, do­mestic and 'stock watering purposes andfor ,supplemental water supply for manu­facturing purposes at said factory.

Said water to be diverted from Cub Riverbetween Sept. 15th and J nne 15th of eachensuing year at a point in the Northwestquarter of Section 10, Township 14 North,Range 1 East, S. L. M., by means of anelectrically driven pump, there installedand used at the Lewist'on Sugar factoryabove described in the manufacture 'of su­gar, and thence returned to the channel ofCub RiV'er at a point in said Section 10.

RANSOM HOLDOW

40. A. J. Hill:(a) 1916-0ct. 13

(b) 1916-0ct. 13

1.5 c.f.s.

50 ac. ft.

Said water to be diverted from RansomHollow by means of an electrically drivenpump at a point 5242.3 feet East of a point529.8 feet North of the Southwest cornerof the Southeast quarter of Section 27,Township 14 Niorth, Range 1 West, andused for the irrigation of 95 acres of landlocated in the South one-half of the South­west quarter of Section 26, and the Northhalf of the Southwest quarter of Section27, said Township and Range.

Said water to be 'stored and impounded ina Reservoir in the channel of said Ran­som hollow and pumped therefrom bymeans of the above mentioned pump.

SMITHFIELD CREEK

t 1. Smithfield Irrigation Company:1860-May 1 33.5 c.f.8.

42. Peter Hansen,43. David Weeks,4tL Robert Read,

Said water to be diverted from SmithfieldCreek at various points along its course andused for the irrigation of 2944 acres in ,Sec­tions 3, 4 and 5, Township 12 North, Range1 East, and Sections 32, 33, 34, 27, 28, 29,20 and 21, Township 13 North, Range1 East, Salt Lake Meridian.

Said water to be diverted from Birch Creeka tributary of said Smithfield Creek, at apoint 80 rods Northeast of the center

26

DATE OF

PRIORITY

1884-May 1

45. James RoskeUy,46. Marriner Roskelly,47. Richard Roskelly,48. A. D. Blanchard,49. Daniel Corbett,50. William Andrew,51. Bert Morse,52. Catherine Roskelly,

1875----May 1

53. William Pelkington,1879-May 1

54. Samuel Nilsen,55. Loretta Nilsen,

1877-May1

56. W. A. Miles,1888-May 1

AMOUNT IN

SECOND FEET

3.0 c.f.s.

3.0 c.f.s.

0.5 c.f.s.

1.5 c.f.s.

1.0 c.f.s.

POINT OF DIVERSION AND

PLACE OF USE

of Section 25, T:ownship 13 North, Range1 East, and used for the irrigationof 210. acres in Sections 25, 26 and 35 saidTownship and Range. Said water shall bedivided among said claimants in propor­tion to the acreage owned by each individu­al, viz., Peter Hansen 80 acres; DavidWeeks 30 acre'S ; and Rohert Read 100 ac­res.

Said water to be diverted from BirchCreek, a tributary of Smithfield Creek ata point in the Northwest quarter of theNortheast quarter of Section 26, Township13 North, Range 1 East, and used for theirrigation of 196 acres in said Sections 26and 35, said water to be divided among saidclaimants in proportion to the acreage own­ed by each individual viz., James Roskelly35 acres; Marriner Roskelly 35 acres; Rich­ard Roskelly 24 acres; A. D. Blanchard 35acres; Daniel Corbett 17 acres; WiTIiamAndrew 17 acres; Bert Morse 17 acres;Catherine Ro·skelly 16 acres.

Said water to be diverted from said BirchCreek, a tributary of said SmithfieldCreek, in the Northeast quarter of Section26, Township 13 North, Range 1 East, andused for the irrigation of 30 acres in theNortheast quarter of said Section 26.

Said water to be diverted from SmithfieldCreek at a point 50 rods South and 10 rodsWest of the Northeast corner of Section28, Township 13 North, Range 2 East, andused for the irrigation of 75 acres in theSoutheast quarter of the Northeast quar­ter, and the Northwest quarter of theSoutheast quarter, and the Northeast quar­ter of the Southwest quarter of Section IETownship 13 North, Range 2 East, SaJlt.Lake Meridian.

Said water to be diverted from SmithfieldCreek at a point in Section 24, Township13 North, Range 2 East, and used for theirrigation of 50 acres of land in said Sec­tion 24.

27

57. Smithfield North Bench DitchCompany.

1874-May 1 18.0 c.f.s.

DATE OFPRIORITY

AMOUNT INSECOND FEET

POINT OF DIVERSION ANDPLACE OF USE

Said water to be diverted from said Smith­field Creek in the Northeast quarter ofSection 23, Township 13 North, Range 1East, and used for the irrigation of 862acres of land in Sections 15, 22 and 23,Township 13 North, Range 1 East, SaltLake Meridian.

ANDERSON SPRING

58. Mary Chambers,59. Mell Chambers,60. Leah P. Olson,61. John Pitcher,62. Henry Pitcher,63. James Forrestor,64. Joseph Forrestor,65. Lucius McCann,66. Charles McCann, substituted for

Wm. C. Claypool,1864-May 1 2.5 c.f.s.

Said water to be diverted from AndersonSpring, l!lcated in the Northeast quarterof Section 29, Township 13 North, Range1 East, Salt Lake Meridian, and used forthe irrigation of 141 acres of land in theNorthwest quarter of Section 29, the Northeast quarter of Section 30, the South­east quarter of Section 19, and the South­west quarter of Section 20, Township 13South, Range 1 East, Salt Lake Meridian.Said water to be divided among thesaid claimants in proportion to the acreageowned by each individual, viz., Mary Cham­bers 4:1h acres; Mell Chambers 5:1h acres;Leah P. Olson 7 acres; John Pitcher 45acres; Henry Pitcher 20 acres; James For­restor 8 acres ; Joseph Forrestor 28 acres;Lucius McCann 8 acres; and Charles Mc­Cann 15 a.cres, and to be used by said par­ties in rotation on the basis of acreage.

MACK AND STORY SPRINGS

67. Charles McCann,68. Joseph Forrestor,69. James Read,70. William Noble,71. Mary E. Farrell,72. Jonathan Smith,73. Claus Anderson,

1864-May 1 2.5 c.f.s.

28

Said water to be diverted from Mack andStory Springs located in the Northwestquarter of Section 29, Township 13 North,Range 1 East, Salt Lake Meridian, andused for the irrigation of 120 acres of landin Sections 29 and 30, Township 13 North,Range 1 East the said waters to be dividedamong said ctaimants in proportion to theacreage owned by each individual, viz.,Charles McCann 15 acres; Joseph Forres­tor 2 acres; James Read 4 acres; WilliamNoble 12 acres; Mary E. Farrell 34 acres;Jonathan Smith 10 acres; and Claus An­derson 43 acres, and to be used by said par­ties in rotation on the basis of acreage.

DATE OF

PRIORITY

AMOUNT IN

SECOND FEET

POINT OF DIVERSION AND

PLACE OF USE

CANNELL SPRINGS

74. John C. Cannell,75. Carrie E. Olson,76. James Meikle,

1864-May1

77. Leah P. Olson,78. John Pitcher,79. Henry Pitcher,

1865-May 1

0.5 c.f.s.

0.5 c.f.s.

Said water to be diverted from CanndlSprings located in the Northeast quarterof the Northwe,st quarter of Section 29,Township 13 North, Range 1 East, SaltLake Meridian, and used for the irrigeJionof 31lh acres of land in the Northwestquarter of Section 29 and the Southwestquarter of Section 20, said Township andRange. Said water shall be divided amongsaid claimants in proportion to the acre­age owned by each individual, viz., JohnC. Cannell 1'9 acres; Carrie E. Olson ,"i ';2'acres; and James Meikle 7 acres, and tobe used by s'aid parties in rotation on thebasis of acreage.

Said water to be diverted from CannellSprings above described, and used for theirrigation of 18lh acres of land located inSections 19 and 20, Township 13 North,Range 1 East.

.TWO UNNAMED SPRINGS LOCATEDIN THE EAST HALF OF THE NORTH-WEST QUARTER OF SECTION 29,TOWNSHIP 13 NORTH,· RANGE .1

EAST, SALT LAKE MERIDIAN.

80. Lucius McCanvn,1864-May 1 0.5 c.f.s.

Said water to be diverted from the abovementioned springs and used for the irri­gation of 18 acres of land in the North­west quarter of Section 29, said Townshipand Range.

SPRINGS WEST OF SMITHFIELD

81. Smithfield West Bench IrrigationCompany.

188D-May 1 8.0 c.r.s.

82. Smithfield West Bench IrrigationCompany.

1880-May 1 1.2 c.£.s.1915-May 1 1.2 c.f.s.

Said water to be diverted from a hollow orgulch near the boundary line between Sec­tions 9 and 16, Township 13 North, Range1 East, and used for the irrigation of 630acres of land in Sections 17 and 18, saidTownship and Range.

Said water to be diverted from the follow­ing drains:(1) Flowing through Lots 8, 12·, 13 and14 and emptying in Lot 19 in Section 16,said Township and Range;(2) Flowing through Lots 23, 24, 30 and

29

PRIORITY

DATE OF

83. George Done,84. Joseph Smith,85. Joseph O. Smith,86. William Done,87. Jesse Mortensen,88. Charles McCann.

1865-M~1

89. William Coleman,90. Benjamin Coleman,91. John Coleman,92. Prime Coleman,93. Hyrum Coleman,94. Mary C. Coleman,95. Sylvester Coleman,96. R. L. Nelson,97. George A. Nelson,

1862-May 1

98. William Mather,99. Delbert Rice,100. L. E. Danielson,

SECOND FEET

AMOUNT IN

3.0 c.f.s.

1.5 c.f..s.

POINT OF DIVERSION A.ND

PLACE OF USE

31, and emptying in Lot 32, in said Section16;(3) Flowing through Lots 35, 47 and 36and emptying in Lot 19 of said Section 16.Said water to be used for the, supplemen­tal irrigation of the 630 acres of land abovedescribed.

Said water to be diverted from PackhouseSpring, arising in the Southwest quarterof Section 16, Township 13 North, Range 1East, and Joseph Smith Spring and DeepSpring, arising in the Southeast quarterof Section 17, said Township and Range,and used for the irrigation of 239 acres ofland in the Southwest quarter and theSoutheast quarter of Section 17, and theSouthwest quarter of Section 16, saidTownship and Range. Said water to be~ivided among said claimants in propor­tIOn to the acreage owned by each individu­al, viz., George Done 47 acres; JosephSmith 34 acres; Joseph O. Smith 59 acres;William Done 47 acres; J'esse Mortensen

.47 acres; and Charles McCann 5 acres.

Said water to be diverted from WilliamsSpring and Nelson Spring arising in theSoutheast quarter of Section 20, Township13 North, Range 1 East, and used for theirrigation of 122 acres of land in the South­east quarter of Section 19, and the South­west quarter of Section 20, said Townshipand Range. Said water to be divided amongthe said claimants in the proportion to theacreage owned by each individual, viz.,William Coleman 15 acres, from WilliamsSpring; Benjamin Coleman 17 acres fromWilliams Spring; John Coleman 20 acresfrom Williams Spring; Prime Coleman 15acres from Williams Spring; Hyrum Cole­man, 15 acres from Williams Spring; MaryC. Coleman, 7 acres from Nelson Spring;Sylvester Coleman, 14 acres· from NelsonSpring; and R. L. Nelson 11 acres fromNelson Spring and George A. Nelson, 18acres from Nelson Spring.

Said water to be diverted from WilliamSmith Spring, arising in the Northwestquarter of the Northeast quarter of Sec-

30

110. Ham,mer Canal Company,187G-May 1 2.5 c.r.s.

109. Riverside Pump and IrrigationCompany,

189G-May 1 3'.0 c.f.s.

DATE OF

PRIORITY

101. Gustave Peterson,102. John Gyllenskog,103. P. P. Bingham,104. E. P. Erickson,105. George R. Smith,

1862-May1

106. James Meikle,107. James J. Meikle,108. Joseph Meikle,

1878-May 1

AMOUNT IN

SECOND FEET

1.68 c.f.s.

1.1 c.f.s.

POINT OJ!' DIVERSION AND

PLACE OF USE

tion 20, Township 13 North, Range 1 East,and Olney Spring arising in the Northeastquarter of the Northwest quarter of saidSection 20, below the confluence thereof,and used for the irrigation of 125 acresin the Northwest quarter of Section 20,said Township and Range. Said watershall be divided among the said claimantsin proportion to the acreage owned by eachindividual, viz., William Mather 47 acres;Delbert Rice 20 acres L. E. Danielson 10acres; Gustave Peterson 10 acres; JohnGyllenskog 10 ,acres; P. P. Bingham 8 ac­res; E. P. Erickson 15 acres; George R.Smith 5 acres.

Said water to be diverted from three un­named springs arising in the Southwestpart of the Southwest quarter of Section16, Township 13 North, Range 1 East, andused for the irrigation of 87 acres of landin the Southwest quarter of Section 16, andthe Northeast quarter of Section 21, andthe Northeast quarter of Section 20, saidTownship and Range, said water to be di.vided among said claimants in proportionto the acreage owned by each individual,viz., James Meikle 30 acres; James J.Meikle 17 acres; and Joseph Meikle 40 ac­res.

Said water to be diverted from the streamarising from Unnamed Springs in theSouthwest quarter of Section 29, Township13 North Range 1 East, S. L. M., at a point2145 feet East of a point 383 feet North ofthe Northwest quarter of Section 31, Town­ship 13 North, Range 1 East, by means ofan electrically operated pump for the irri­gation of 200 acres of land in Section 1,Township 12 North, Range 1 West, Section36, Township 13 North, Range 1 West, Sec­tions 30 and 31, Township 13 North, Range1 East, and there used for the irrigation ofsaid lands. Said water may be divertedeither at the point of divers~on herein­above deiscribed or at the present point ofdiversion of the Hammer Canal.

Said water to be diverted from two springsin the Northeast quarter of the Southwest

31

AMoUNr INSECOND FEET

DATE OFPRIORITY

111. Peter Hansen,112. V. W. Merrill,113. Minnie Nilson,114. Thomas W. Cragun,115. Theo. Chambers, Sr.116. Theo. Chambers, Jr.117. Calvin Cragun,118. Reginia Smith,119. Peter Nilson,120. K erste Nilson,121. W. F. Winn,122. F. M. Winn,123. J. J. Richardson,124. S. P. Nilson,125. George Chambers,126. P. C. Chambers,127. Richard Richardson,

. 128. Jos. W. Peterson,129. J. P. Toolson,130. F. J. Gordon,131. A. B. Chambers,132. A. W. Chambers,133. T. H. Chambers,134. Ephraim Weeks,135. Isaac Read,136. Moses Richardson,137. Moses Richardson,138. J. A. Cragun,139. J. A. Cragun,140. Jas. B. Sheen,141. Jas. B. Sheen,142. William Pitcher,143. William Pitcher,144. Parley Pitcher,145. Violet Peterson,146. William Thornley,

1861-May 1

147. Joseph J. Richardson,148. Charles McCann,

POINT OF DIVERSION ANDPLACE OF USE

quarter of Section 29, and three springs inthe Northwest quarter of the Southeastquarter of said Section 29, Township 13North, Range 1 East, for the irrigation of124 acres of land in Sections 29, 30 and 31,said township and range.

CHAMBERS SPRINGS

Said water to be diverted from ChambersSprings, being three springs located nearthe northern part of the Northwest quarterof Section 4, Township 12 North, Range 1East, and the Southern part of the South­west quarter of Section 33, Township 13North, Range 1 East, and used for the ir­rigation of 455 acres of land in Sections 4and 5, Tov.rnship 12 North, Range 1 East,said water to be divided among said claim­ants ill' proportion to the acreage owned byeach individual, viz., Peter Hansen 20 ac­res; V. W. Merrill 20 acres, Minnie Nilson11 acres, Thomas VV. Cragun 7 acres, Theo.Chambers, Sr., 20 acres; Theo. Chambers,Jr., 6 acres; Calvin Cragun 9 acres; Regin­ia Smith 7 acres; Peter Nilson 9 acres;Kerste Nilson 9 acres; W. F. Winn, and F.M. Winn: 19 acres; J. J. Richardson 30 ac­res; S. P. Nilson 20 acres; George Cham­ber,s 20 acres; P. C. Chambers 13 aeres;Richard Richardson 56 acres; J os. W. Pet­erson 4 aeres,; J. P. Toolson 10 acres; F.J. Gordon, 10 acres; A. B. Chambers,14 acres; A. W. Chambers, 8 acres; T.H. Chambers 15 acres; Ephraim Weeks 10acres; Isaac Read 3 acre's; Moses Richard­son 10 acres; Moses Richardson 20 acres;J. A. Cragun 3 acres; J. A. Cragun 5 ac­res; J as. B. Sheen 6 acres; J as. B. Sheen15 acres; William Pitcher 6 acres; WilliamPitcher 20 acres; Parley Pitcher 10 acres;Violet Peterson 5 acres; William Thornley

5.8 c.f.s. 5 acres.

HOPKINS SLOUGH

Said water to be diverted from HopkinsSpring and Slough arising in the North-

32

DATE OF

PRIORITY

AMOUNT IN

SEOOND FEETPOINT OF DIVERSION AND

PLAOE OF USE

6 c.f.s.

149. Irving PlowmOln,150. Mary C. Colema;n"151. William Winn,152. T. H. Chambers,153. Maggie Griffiths,154. Maria Peterson,155. 1. E. Noble,156. D. J. Weeks,157. Henry McCracken,158. J os. C. J orgensetn,159. F. J. Gordon,160. Elizabeth Smith,161. Samuel Nilsen,162. Samuel Hunt,163. Alma Reese,

186Q-May 1

164. Henry Griffiths,165. Euphemia Griffiths,

192Q-May 1

166. W. G. Reese,167. Howard Reese,168. Annie M. Toombs,169. Andrew Munk,170. Nephi Tarbet,171. Joseph C. Jorgensen,172. Cyrus Clark,173. G. Beutler,174. John Mathews,175. T. H.Reese,176. C. A. Reese,177. M. M. Reese,178. A. V. Reese,179. R. O. Reese,180. A. J. Reese,181. G. L. Farrell,182. John Carlisle,

1874-M:ay 1

2 c.f.s.

8 c.f.s.

east quarter of Section 32, Township 13North, Range 1 East, and used for the ir­rigation of 487 acres of land in Sections31 and 32, Township 13 North, Range 1East, and Sections 4 and 5, Township 12North, Range 1 East, said water to be di­vided among ,said claimants in proportionto the acre,age owned by each individual,viz., Joseph J. Richardson 180 acres;Charles McCann 51 acres; Irving Plowman3 acres; Mary C. Coleman 30 acres; Will­iam Winn 11 acres; T. H. Chambers 9 ac­res; Maggie Griffiths 11 acres; Maria Pet­erson 20 acres; I. E. Noble 20 acres; D. J.Weeks 30 acres; Henry McCracken 9 ac­res; Joseph C. Jorgensen 23 acres; F. J.Gordon 25 acres.; Elizabeth Smith 11 ac­res; Samuel Nilsen 40 acres; Samuel Hunt3 acres; and Alma Reese 11 acres;

Said water to be diverted from HopkinsSlough by means of an electrically drivenpump at a point in the Northeast quarterof Section 12, Township 12 North, Range1 West, Salt Lake Meridian, and used forthe irrigation of 160 acres of land in theNortheast quarter of said Section 12.

Said water to be diverted from HopkinsSpring and Slough and Noble· Spring aris.­ing in the Northeast quarter of Section 32,Township 13 North, Range 1 East, andMerrill Spring arising in the Northwestquarter of said Section 32 and used for theirrigation of 635 acres of land in Sections6 and 7, Township 12 North, Range 1 East,Section 1, Township 12 North, Range 1West, and Section 31, Township 13 North,Range 1 West, said water to be dividedamong said claimants in proportion to theacreage owned by each individual, viz., W.G. Reese 40 acres; Howard Reese 66 acres;William Toombs 20 acres; Andrew Munk60 acres; Nephi Tarbett 40 acres; JosephC. Jorgensen 40 acres; Cyrus Clark 40 ac­res, G. Beutler 14 acres; John Mathews 20acres; '.I;. H. Reese 26 acres; C. A. Reese26 acres; M. M. Reese 9 acres; A. V. Reese9 acres; R. O. Reese 4 acres; A. J. Reese

33

DATE OF

PRIORITY

AMOUNT IN

SEOOND FEET

POINT OF DIVERSION AND

PLAOE OF USE

3 c.f.s.

21 acres; G. L. Farrell 20 acres; and JohnCarlisle 100 acres.

Said water to be diverted from said Nobleand Merrill Springs above described, andused for the irrigation of 240 acres of landin Sections 31 and 32, Township 13 North,Range 1 East. Said water shall be dividedamong said claimants in proportion to theacreage owned by each individual, viz.,Freeborn S. Merrill 30 acres; George P.Toalson 25 acres; H. W. Noble 50 acres;T. E. Noble 31 acres; John Carlisle 30 ac­res; S. A. Scrowther 12 acres; WilliamRead 5 acres; Howard Ree,se 10 acres;Catherine Woodruff 40 acres; B. H. Aiken7 acres.

Said water to be diverted f~om HopkinsSlough (exocept as provided by contract

3.0 c.f.s. heretofore entered into between the plain­tiff and these defendants), 'through a canalcommonly known and designated 'as WestBench Oanal, or by me'ans of an electrical­ly driven pump situated in the South halfof !the Northeast quarter ,of 8eotio11/ 1,Township 12 North, Range 1 West, S. L.M. and used for the irrigation of 200 acresof land situated in the Northeast quarterof Section 1, said Township and Rangeand the Northwest quarter of Section 6,Township 12 North, Range 1 East, S. L. M.

Said water to be diverted from Hopkins3.0 c.f.s. Slough through a canal commonly known

as West Bench Canal, or by means of anelectrically driven pump situated near thecenter of the Southeast quarter of Section1, Township 12 North, Range 1 West andused for the irrigation of 200 acres of landin the Southeast qnarter of Section 1,Township 12 North, Range 1 West,andthe Southwest quarter of Section 6, Town­ship 12 North, Range 1 East.

SWIFT SPRING AND SLOUGH

192c. A. J. Reese,1880-May 1

192a. A. V. Reese,192b. A. J. Reese,

. IS80-May 1

183. Freeborn 8. Merrill,184. George P. Toolson,185. H. W. Noble,186. 1. E. Noble,187. John Carlisle,188. 8. A. 8crowther,189. William Read,190. Haward Reese,191. Catherine Woodruff,192. B. H. Aiken}

186o-May 1

193. Thomas Smart,194. Hyrum J. DeWitt,195. Joseph Kent,196. Isaac P. Stewart,

Said water to be diverted from SwiftSpring and Slough, which arises from nu­merous springs and 'seeps in Sections 29and 32, Township 12 North, Range 1 East.

34

AMOUNT IN

SECOND FEET

DATE OF

PRIORITY

197. Thomas Irvime,198. Harry Worley,199. William Baugh,200. Joseph Baugh,201. Oscar Johnson,202. Ezra Ricks,203. Hugh Dowdell,204. Joseph E. Cowley, Jr.,205. Frank Cowley,206. Ernest Cowley,207. Joseph E. Cowley,208. Mrs. Jane Doe Partington,209. John C. Larsen,210. Cliff Goodwim,211. JohnM. Berry,212. F. A. Benson,213. Joseph R. Heboos,214. J. Z. Stewart,

1860-May 1 20 c.f.s.

POINT OF DIVERSION AND

PLACE OF USE

Salt Lake Meridian, and used for the ir­rigation of 1608 acres of land in Sections29, 32, 30 and 19, Township 12 North,Range 1 West, and Sections 23 and 24,Township 12 North, Range 1 West, SaltLake Meridian, said water to be dividedamong said claimants in proportion to theacreage owned by each individual, viz.,Thomas Smart 180 acres; Hyrum J. De­Witt 200 acres; Joseph Kent 60 acres;Isaac P. Stewart 53 acres; Thomas Irvine125 acres; Harry Worley 120 acres; Will­iam Baugh and Joseph Baugh 47 acres;Oscar Johnson 90 acres; Ezra Ricks 40 ac­res; Hugh Dowde11100 acres; Joseph E.Cowley, Jr. 54 acres; Frank Cowley andErnest Cowley 106 acres, Joseph E.C'owley10 acres; Mrs. Jane Doe Partington 10 ac­res; John C. Larsen 10 acres; Cliff Good­win 40 acres; John M. Berry 35 acres; F.A. Benson 75 acres; Joseph R. Hebaus 175acres; J. Z. Stewart 78 acres.

::! 16. Logan, Hyde Park & SmithfieldCanal:

(a) 1~60-May 1 60 c.f.8.

1.0 c.f.s

6.0 c.f.8.

215. Mary J. Pedersen,(a) 1895-May 1

(b) ]895-May 1

LOGAN RIVER

Said water to ,be diverted from Logan Riv­er at a point 750 feet East and 1200 feetSouth of the Northwest corner of Section28, Township 12 North, Range 2 East, andused for the irrigation of 17 acres of landin Sections 28 and 29, said township andrange.

Said water to be diverted from Logan Riv­er at the point of diversion described inparagraph (a) immediately above and usedfor power purposes and returned to thechannel of the river at a point 200 feet Eastand 1500 feet South of the Northwest cor­ner of Section 28, Township 12 North,Range 2 East, S. L. M.

Said water to ,be div:erted from said LoganRiver throughout the irrigation season ofeach year through a canal diverting there­from at a point 328 feet South and 702 feetWest from the Northeast corner of See­tion 31, Township 12 North, Range 2 East,and used for the irrigation of 3600 acres ofland in Sections 2, 11, 13, 14, 23, 24, 25, 26

35

(b) 1919-Feb. 19 84 ac. ft.

218. Utah Agricultural Oollege ofState of Utah:

fa) 190B-June 11 150 c.f.s.

DATE OF

PRIORITY

(b) 18BO-May 1

(c) 18BO-May 1

fd) 1860-May 1

217. Thomas Smart,1900-May 1

AMOUNT INSECOND FEET

16 c.f.a.

27.2 c.f.s

20.0 C.f.B.

4.0 c.f.a.

POINT OF DIVERSION AND

PLACE OF USE

27, 34 and 35, Township 12 North, Range1 East, Sections 14, 15, 16, 21, 22, 23, 26,27,28,33,34,35, Township 13 North, Range1 East.

Said water to be diverted from said LoganRiver through the wbove described canalduring that part of each irrigation seasonprior to August 1st of each year for the ir­rigation of 800 acres of land in the afore­said Sections.

Said water to be diverted from said LoganRiver through the said canal during thatpart of the irrigation season prior to July15th of each year for the supplemental ir­rigation of the above mentioned land.

To be diverted from said Logan Riverthrough the said canal between October1st and October 10th only inclusive of each~ear for the final irrigation of sugar beets.

Said water to ·be diverted from said LoganRiver through the flume of Utah Power &Light Co. diverting therefrom at a pointNorth 37° 20' West 465 feet from the Southquarter corner of Section 29 Township 12North, Range 2 East, and from said flumejust above pressure box, and used for theirrigation of 300 acres of land in Section35, Township 12 North, Range 1 East, S.L. M., and Section 2, Township 11 North,Range 1 East.

theSaid water to be diverted from said LoganRiver at a point South 33° 29' E:aJst 1657feet from the Northwest corner of Section36, Township 12 North, Range 1 East, andused for the generation of electric poweror energy in the power house located in thedam, and returned to Logan River at apoint South 33° 29' East 1657 feet from thfNorthwest corner of said Section'36.

Said water to be stored, impounded andwithdrawn at will in the reservoir located:Unmeqiately :aJboveand adjacent to thepower house abov·e mentioned and used forthe genera.tion of power thereat, so long as

36

DATE OF

PRIORITY

AMOUNT IN

SECOND FEET

ARTHUR C. T1-1MAN

POINT OF DIVERSION AND

PLACE OF USE

the same shall not unreasonably fluctuatethe water surface of said stream, providedthat said use is subject to the terms of thatcertain agreement heretofore entered intoby and between Utah Agricultural Collegeand Logan River Water Users Associationin words and figures following to-wa.t:

AGREEMENT

The Thatcher Milling and Elevator Company, a corporation, Hyde Park Irriga­tion Company, a corporation, Logan North Field Irrigation Company, a corporation,Logan Northwest Field Irrigation Company, a corporation, Benson Irrigation Com­pany, a corporation, Logan Island Irrigation Company, a corporation, Providence­Logan Irrigation Company, a corporation, Providence Pioneer Irrigation Company,a corporation, Logan Hollow Canal Company, a corporation, Seventh Ward Irriga­tion Company, a corporation, Anderson and Sons Company, a corporation, CentralMilling and Elevator Company, a corporation, Logan Stone and Monument Oom­pany, a corporation, William Affleck, and E. Sumner Hatch, (hereinafter referredto as the "Association",) parties of the first part hereto, and the Board of Trus­tees of the Agricultural College of Utah, (hereinafter referred to as the "Trustees")party of the ,second part hereto, agree as follows:

THAT WHEREAS, the State of Utah now owns, maintains and operates a cer­tain dam, power plant and reservoir in Logan River, at or near the mouth of LoganCanyon, Cache County, Utah, which said reservoir occasioned the loss of waters tothe first parties hereto through percolation and seepage and

WHEREAS, it was mutually agreed by the parties hereto that certain testashould be made to ascertain just what caused such seepage and loss of water, and ifpossible r,emove the same, and

WHERE.A!S, certain tests have been made and the results thereof clearly demon­strated that under certain conditions there is a loss of water, but that 'by adheringto the herein specified regulations as to depth of water maintained in said reservoirthis loss can be avoided, 'and j

WHEREAS, it is desired by the part ies to this agreement that rules may be laiddown for the future operation of said reservoir so that no hardships will be workedthereby on either of the parties hereto.

37

NOW THEREFORE, in consideration of the mutual covenantE and agreementor the parties hereto to be kept and performed, it is agreed

1st. That the elevations, stations and points mentioned in this agreement arethose used and arrived at through tests and experiments made pursuant to agree­ment heretofore made between the parties hereto by Messrs. W. D. Beers, StateEngineer, Ray B. West, Engineer on the part of the Tmstees, and Eugene Schaub,Engineer on the part of the Association, and submitted in report furnished to theparties hereto under date of February 13th, 1917, which said report is made a partof this agreement, and for the purposes of this agreement, are hereby accepted asstandard, and that the necessary devices and property used in 'arriving at the deci­sion embodied in -said report shall remain in places n6w installed for the benefit ofthe parties hereto without expense to the second party.

2nd. That the Trustees be and they are hereby allowed to operate the powerplant hereinbefore referred to and to maintain the water in the reservoir at an eleva­tion or 105.63 feet at all times of the year, except during the irrigation seasonwhen the flow of Logan River measured 'at D D D, viz: D the river station belowthe Logan and Northern Canal and D the station on the Logan and Northern Canalis less than 205.56 cubic feet per second; that during this season the surface of thewater in said reservoir shall be lowered to an elevation of 102.95 feet. The Trusteesagree to lower the water when this stage is reached upon notification from the Lo­gan River distribution agent.

3rd. That the Trustees be allowed tomake up losses or the day by night conser­vations of water in the reservoir, subject, however, to all prior existing rightsto said water.

4th. That the Trustees maintain the rheostat and motor operated waste gatesat the aam in good workable order, so that fluctuation may be oontrolled as far aspossible.

5th. That the Thatcher Milling and Elevator Company, a corporation, one ofthe members of the Association, or first party hereto, will maintain an automaticgauge, properly rated at the head of their canal all the year round and the Statewill maintain one on the reservoir at all times ,and that copies or the two gaugerecords will be exchanged, and that in consideration of the full compliance with theterms of this agreement and the faithful adherence to the rules herein laid down.the 'Said Trustees and the State of Utah are hereby released and held harmlessfrom all claims and damages accruing through loss of water resulting from the use,operation and maintenance of the reservoir herein referred to.

38

IN WITNlJSS WHEREOF, the parties hereto have oexecuted this Agreementin duplicate this 5th day of March, 1917.

LOGAN RIVER WATER USERS ASSOCIATION.

By D. H. THOMAS,

W. E. NYMAN,

JAMES McNEIL.

BOARD OF TRUSTEES OF THE AGRICULTURAL COLLEGE

By ANGUS T. WRIGHT,

JOHN Q. ADAMS.

219. Logan & Northern Irrigation Co.(a) 1860-May 1 68.1 c.f.s.

DA'rE OF

PRIORITY

(b) 1860-May 1

AMOUNT IN'SECOND FEET

7.9 c.f.s.

POINT OF DIVERSION AND

PUCE OF USE

Said water to be diverted from said LoganRiver throughout the irrigation season ofeach year through 'a ditch diverting there­from at a point 1525 feet South and 825feet East from the Norheast corner of Sec-­tion 35, Township 12 North, Range 1 East,and used for the irrigation of 3600 acresof land in Sections 3, 4, 10, 11, 14, 15, 22,23, 26, 27, 34, 35, Township 12 North,Range 1 East, and Sections 9, 15, 16, 17,20, 21, 22, 27, ~8, 33, 34, Township 13North, Range 1 East.

Said water to he diverted from said LoganRiver through the said canal during thatpart of each irrigation ,season prior toAugust 1st of each year for the irrigationof 400 acres of land in the above mention­ed sections.

(c) 1860-May 1 27.2 c.f.s.

(d) 1860-May 1 20.0 c.f.s.

Said water to be diverted from said LoganRiver through the said canal during thatpart of the irrigation season prior to July15th of each year for the lsupplemental ir­rigation of the above mentioned land.

Said water to he diverted from said LoganRiver through the said canal only betweenOctober .tl.st and October lOth inclusiveof each year for the final irrigation ofsugar beets.

39

(b) 1860--May 1 1.2 c.r.s.

(c) 1860--May;t: 8.9 G.r.lit

(d) 1860--May 1 3.0 c.f.s.

221. Providence-Pioneer Oanal:(a) 1860--May 1 3.9 c.f.s.

POINT OF DIVERSION ANDPLACE OF USE

Said water to be diverted from s'aid LoganRiver throughout the irrigation s,eason ofeach year through a ditch diverting there­from ,at a point 1400 feet South and 1168feet West from the Northeast corner ofSection 35, Township 12 North, Range 1East, and used for the irrigation of 400acres of land in Sections 34 and 35, Town­ship 12 North, Range 1 East, Sections 2,3 and 10, Township 11 North, Range 1East.

Said water to be diV'erted from said LoganRiver through the aforesaid canal duringthat part of each irrigation st>aSllU priorto August 1st of each year ior the irriga­tion of 80 acres of land in the above men­tioned sections.

Said water to be diverted from said LoganRiver through the said canal during thatpart of the irrigation season prior to July15th of each year for the 'supplemental ir­rigation of the above mentioned land.

Said water to be diverted from said LoganRiver through the said canal only betweenOctober 1st and October 10th inclusive ofeach year for the final irrigation of sugarbeets.

Said water to be diV'erted from said LoganRiver throughout the irrigation season ofeach year through 'a ditch diverting there­from at a point 1316 feet South and 2178feet West from the Northeast corner ofSection 3, Township 11 North, Range 1East, and used for the irrigation of 255acres of land in Sections 3, 4, 9 and 10,Township 11 North, Range 1 East.

Said water to be diverted from said LoganRiver during that part of each irrigationseason prior to August 1st of each yearthrough the aforesaid canal for the irriga­tion of 40 acres of land in the above men­tioned sections.

Said water to be diverted from said LoganRiver through the said canal during thatpart of the irrigation season prior to July

0.5 c.f.s.

1.6 c.f.s.

(b) 186Q-May 1

(c) 1860--May 1

DATE OF AMOUNT IN'PRIORITY SECOND FEET

220. Proviilence-Logan OaMJ,:(a) 1860--May 1 9.6 c.£.s.

40

222. Hyde Park Irrigation Co. andLogan N01"th Field Irrigation Co.(a) 1860-May 1 38.5 c.f.s.

223. Logan Northwest Field IrrigationCo. and Benson Irrigation Co.1860-May 1 48 c.f.s.

DATE OF

PRIORITY

(d) 1860-May 1

(b) 1860-May 1

(0) 1860-May 1

(d) 1860-May 1

AMOUlilT INSECOND FEET

2.0 c.f.s.

2.1 c.f.s.

4.8 c.f.s.

12.0 c.f.s.

POINT OF DIVERSION AND

PLACE OF USE

15th of each year for the supplemental ir­rigation of the land above mentioned.

Said water to be diverted from said LoganRiver through the said canal only betweenOctober 1st and October 10th inclusive ofeach year for the final irrigation of sugarbeets.

Said water to be diverted from said LoganRiver throughout the irrigation season ofeach year through a ditch diverting there­from ata point 2146 feet North and 1263feet East from the Northeast corner, 8ec­tion 3, Township 11 North, Range 1 East,and used for the irrigation of 2800 acres ofland in Sections 33, 34, 27, 28, 21, 22, 15,16, 17, 5, 8, 9, 10, 3 and 4, Township 12North, Ran.ge 1 East.

Said water to be diverted from said LoganRiV'er during that part of the irrigationseason prior to August 1at of each yeartllrou~l~ the aforesaid canal for the irriga­tion of 100 acres of land in the above men­tionedsections.

Said water to be diverted from said DoganRiver through the said canal during thatpart of the irrigation season prior to July15th of each y'ear for the supplemental ir­rigation of the above mentioned land.

Said water to be diverted from said LoganRiver through the said canal only betweenOctober 1st and October 10th inclusive ofeach year for the final irrigation of sugarbeets.

Said water to be diverted from said LoganRiver throughout the irrigation season ofeach year through a ditch diverting there­from at a point 2146 feet North and 1263feet East from the Northeast corner, Sec­tion 3, Township 11 North, Range 1 East,and used for the irrigation of 4800 acresof land in Sections 3, 4, 5, Township 11North, Range 1 East, Sections 32, 33, 28,29, 20, 21, 16, 17, 18, 7, 8, 5, 6, Township12 North, Range 1 East, Section 3, 10, 11,12, 13, 14, 15, 23, Township 12 North,Range 1 West.

4:1

225. LoganlslOlnd lrr. Company(a) I860-May 1 5.9 c.f.s.

DATE OF AMOUNT IN

PRIORITY SECOND FEE',r

224. Logan Hollow Canal Co.(a) 1860-May 1 1.7 c.f.s.

(b) 1860-May 1

(c) I860-May 1

(b) 1860-May 1

(c) 1860-May 1

(d) 1860-May 1

0.2 c.f.'s.

0.6 c.f.s.

0.7 c.f.s.

2.3 c.f.s.

9.0 c.f.s.

POINT OF DIVERSION AND

PLACE OF USE

Said water to be diverted from said LoganRiver throughout the irrigation season ofeach year through a ditch diverting there­from at a point 1384 feet South and 782feet West from the Northeast corner Sec­tion 35, Township 12 North, Range 1 East,and used for the irrigation of 90 acres ofland in Section 34, 35, Township 12 North,Range 1 East.

Said water to be diverted from said LoganRiver through the said canal during thatpart of each irrigation 'season prior toAugust 1st of each year for the supplemen­tal irrigation of the above mentioned land.

Said water to be diverted from said LoganRiver through the said canal during thatpart of the irrigation season prior to July15th of each year for the supplementalirrigation of the above mentioned land.

Said water to be diverted from said LoganRiver through a ditch div,erting therefromat a point 2146 feet North and 1263 feetEast from the Northeast corner, Section3, Township 11 North, Range 1 East, andused for the irrigation of 356 acres of landin Sections 34 and 35, Township 12 North,Range 1 East, Sections 3 and 4, Township11 North, Range 1 East.

Said water to be div'erted from said LoganRiver through the said canal during thatpart of the irrigation season prior to Aug­ust 1st of each year for the supplementalirrigation of the above mentioned land.

Said water to be diverted from 'Said LoganRiver through the said canal during thatpart of the irrigation season of each yearprior to July 15th for the 'Supplemental ir­rigation of the above mentioned land.

Said water to be diverted from the tailraceof the Logan Stone & Monument Companyat a point 4910 feet West and 2.8 feet Northof the Northeast corner of Section 3, Town­ship 11 North, Range 1 East, S. L. M., andused for the supplemental irrigation of thelands above described.

42

226. Seventh Ward Irrigation Co.(a) 1860-May 1. 1.7 c.f~s.

2.0 c.f.s.

1.2 c.r.s.

AMOUNT INSEOOND FEET

(f) 1860-May 1

(e) 1860-May 1

DATE OF'

PRIORITYPOINT OF DIVERSION AND

PLACE OF USE

Said water to be diverted at the point lastabove described during that part of theirrigation seaon prior to August 1st ofeach year for the supplemental irrigationof the above mentioned lands.

Said water to be dive'rted at the point lastabove described during that part of theirrigation season prior to July 15th of eachyear for the supplemental irrigation of theabove mentioned lands.Said water to be diverted from said LoganRiver through a ditch diverting therefromat a point 2146 feet North and 1263 feetEast from the Northeast corner Township11 North, Range 1 East, and used for theirrigation of 60 acres of land in Sections3 and 4, Township 11 North, Range 1 East,8ection 34, Township 12 North, Range 1East.

(b) 1860-May 1 0.3 c.r.s. Said water to be diverted from said LoganRiver through the said canaal during thatpart of the irrigation season prior to July15th of each year for the supplemental ir­rigation of the above mentioned land.

227. Thatcher Irrigation Company, an unincorporated association composed ofAnthon Anderson, Cla,ra B. Smith, Grace Price, H. E. Hatch, Georgia T.Hatch, R. A. Hatch, Abbie B. Thatcher, Carrie B. Price, L. F. Smith, LesterWorley, Geo. Worley, A. Walton, W. O. England, Ellen M. Peterson, JesseMayne, Roy Bullen, Brigham Parry, Anderson & Sons Company, a corporation,Bernard Parry, A. E. Anderson, Brigham Young College, a corporation, JohnNaf, E. N. Hammond, Alley T. Clayton, L. P. Watkins, W. W. Hall, W. E. Mit­ten, M. J. Watkins, Thomas Howells,William Athay, Jane A.Thatcher, H. J.Hatch, Jrames H. Allen, Mrs. Asa. Bullen, F. A. Hinckley, Abe Tyson, A. J.

Hawkes, William Worley, O. H. Wakley and Harriet L. Benson.

fa) 1860-May 1

(b) 1860-May 1

0.6 c.f.s

0.2 c.f.s.

Said water to be diverted flom sn.id LoganRiver through a .'Ftch diverting therefromat a point 2146 feet North and 1263 feetEa~t from the Northeast corner, Sectiona. Township 11 Nol'th, Range 1 East, rorthe irrigation of 126 acres of land in Plat"B", Logan City Survey.

Said water to be diverted from said LoganRiver through the said ditch during thatpart of each irrigation season prior to July15th ,of each year for the supplemental ir-rigation of the above mentioned land.

43

230. Central Millim,g & Elevator Co.1860----May 1 22.6 c.f..s.

229. Anderson & Sons Company,1860-May 1 18.3 c.f.s.

231. Logan. Stone & Monument 00.(a) 1860-May 1 9.1 c.f.s.

DATE OF AMOUNT INPRIORITY -SECOND FEET

228. Thatcher Milling & Elevator Co.1860-Ma,y 1 87.0 c.f.s.

POINT OF DIVERSION ANDPLACE OF USE

Said water to be diverted from said LoganRiver at a point 2146 feet North and 1263feet East from the Northeast corner, Sec­tion 3, Township 11 North, Range 1 Eastand used for the, generation of power atthe Thatcher Mill and thence returned toLittle Logan River at a point 148 feetSouth and 6250 feet West from the North­east corner of Section 3, Township 11North, Range 1 E,ast.

Said water to he diverted from said LoganRiver at a point 2146 feet North and 1263feet East from the Northeast corner, Sec­tion 3, T-ownship 11 North, Range 1 East,and used for the generation of power at thedefendant's mill, thence returned to' LittleLogan River at a point 1950 feet Southand 8247 feet West from the Northeastcorner of Section 3.

Said water to be diverted from said LoganRiver at a point 2146 feet North and 1263feet East from the, Northeast corner ofSection 3, Township 11 North Range 1East and used for the generation of powerat the defendant's mill, thence returnedto Thatcher Mill Race at a point 327 feetNorth and 4684 feet West of the Northeastcorner Section 3, Township 11 North,Range 1 East.

Said water to be diverted from said LoganRiver at a point 2146 feet North and 1263felet East from the Northeast corner, Sec­tion 3, Township 11 North Range 1 East,and used for the generation of power atthe mill of the said defendant, and thencereturned to Little Logan River at a point2.8 feet North and 4910 feet West from theNortheast corner said Section 3.

Said water to be diverted from said LoganRiver through the last above describedcanal and used from Sept. 16th to June30th of each succeeding year for manufac­turing purposes at the mill of the said de­fendant, and thence returned to Little Lo­gan River at the point of return last abovedescribed.

3.0 c.f.s.(b) 1860-May 1

233. UtfJh Power & Lig1f,t Co.(a) 186Q-May 1 20.66 c.f.s.

232. Thatcher Milling & Elevator00. (substituted for H. SU'fM'I,erHatch.)186Q-May 1 39.8 c.f.s.

AMOUNT IN

SEOOND FEETDATE OF

PRIORITY

(b) 1893--July 1190Q-May 31

100 c.f.s.100 c.f.s.

POINT OF DIVERSION AND

PUOE OF USE

Said water to be diverted from said LoganRiver at a point 2146 feet North and 1263feet East from the Northeast corner ofSection 13, Township 11 North, Range 1East, and used for power purposes at theDeseret Mill, thence returned to ThatcherMillrace ata point 399 feet Northand 4315feet West from the Northeast corner ofSection 3.

Said wateT to be diverted from said LoganRiver at a point 2146 feet North and 1263feet East of the Northeast corner of Sec.tion 3, Township 11 North, Range 1 East,S. L. M., used·for power purposes and re­turned to the channel of Little LoganRiver above the point of diversion of theLogan Southwest Field Canal.

Said water to be diverted from said LoganRiver at a point North 37° 20' West 465feet from the quarter co,rner on the Southboundary line of Section 28, Township 12North, Range 2 East, 8. L. M., used forthe generation of electrical power at its Lo­gan Power Plant, and thence returned tothe channel of said Logan River at a pointSouth 58° 25' East 274 feet from the quar­ter corner on the South boundary line ofSection 25, Township 12 North, Range 1East S. L. M.

(0) 1921-March 29 125 c.f.s. Said water to be diverted from said LoganRiver at the point of diversion above de­scribed in paragraph (b), used for the gen­eration of electrical power and energy atits Logan Power Plant, and returned to thechannel of said Logan River at the pointof return described in the above paragraph(b); provided, however, that the priorityand amount of this appropriation is con­ditioned upon a compliance with the termsof the application upon which said appro­priation is based, to-wit: Application FileNo. 8025, filed in the office of the StateEngineer of the State of Utah, and thesame is subject to the provisions of the lawof 'said state governing the issuance of wa­ter certificates by the State Engineer ofsaid State of Utah.

45

DATE OF

PRIORITY

234. Logan City:1860-May 1

AMOUNT IN

SECOND FEET

10 c.f.s.

POINT OF DIVERSION AND

PLACE OF USE

Said ~ater :to be di~erted from LoganRiver at a point 725 :feet North and 598f:eet East from the quarter-corner on theSouth boundary line of Section 22, Town­ship 12 North, Range 2 East, and used fordomestic and municipal purposes withinthe city limits of Logan City, Oache Coun­ty, Utah.

J

When the total flow of Logan River, which shall be the sum of the flow 'as mea-sured at the gauging station on Logan River opposite Utah Power & Light Com-'pany's plant, plus the flow in said Power Company's tailrace, plus the quantitybeingsimultaneousulydiverted by the Logan, Hyde Park & Smithfield Canal,Thomas Smart Canal and l;0gan Cit::. shall be less than is required to satisfy therights of Logan River appropriators hereinbefore specified, the water shall be pro­rated and distributed among these parties according to the following schedule "A"VIZ:

46

Schedule "A"

Appropriators 1120 1130 1140 1150 l160 !170 /180 !190 1200 1210 1220 1230 ( 240 ( 250 I: 260 ( 26312641265126612671270 1280 i 290 1300 310 320! 330 1340 1350 1360 3iO I380 j390 1400

Logan, Hyde Park & I I I I \ \ I I I I ~ I I I I I I \ I \ I I I I ! I ! ! I I I I ISmithfield 21.6 23.4 25.2 27.0 28.8 30.6 32.4 34.2 36.0 37.8 39.6 40.2 42.4144.6 46.8 47.4 47.4 47.4 47.4[ 47.448.3151.21 54.0[ 60.0[ 65.9! 72.2[ 76.0' ~9.i[ 83.5[ 87.3! 91.1, 95.11 99.1:103.Thos. Smart I I I [ I I I I I 1 1 I I I [ [ [1.0[ 2.0[ 3.0[ 40[ 4.0[ 4.01 4.01 4.01 4.0: 4.0! 4.01 4.0' 4.01 4.0' 4.0' 4.0; 4.0[ 4.

Logan & Northern I I I I I I I I I I I I [ I I Iii ! ' I i 'I' , i IIrr., Co., 27.6 29.9 32.2 34.5 36.8 39.1 41.4 43.7 46.0 48.3 50.6 52.9 55.2 57.5 59.8 60.5 60.5 60.5 60.5 00.5! 61.21 63.5! 65.8! 68.1: 70.41 72.3: i6.01 ;'9.il 83.5! 8i.3. 91.1' 95.1[ 99.1,103

Providence-Logan I I 1 I I I I I I I I I 1 I ! I ; i ; ! I I ! ! I : ! ihr., Co., 3.9 4.2 4.6 4.9 5.2 5.5 5.9 6.2 6.5 6.8 7.2 7.5 7.81 8.1 8.5 8.6 8.6 8.6\ 8.6 8.6[ 8.71 9.0; 9.3, 9.6[10.01 10.31 1O.8! 11.4\ 11.9i 12.4[ 13.0' 13.5' 14.1 14.

Providence Pioneer I I I I 1 '1 I I I I I N I I I -\ -\ -\ .I -\ .\ [, I I : ! I, I, I, - " • I, ••!, • "Irr., Co., 1.6 1.7 1.8 2.0 2.1 2.2 2.4 2.5 2.6 2.8 2.9 3.0 3.2 3.3 3.4 3." 3." 3." 3.,,1 3.", 3.", 3.6, 3.8, 3.91 4.0, 4.2[ 4.4: 4.6: 4.8, ".0, ".3, ".": ".7, 6.

Hyde Park Irr. Co. I! I I I I \ \ 1 1 1 I I I I I I 1 I I I ! i I I Ii! : ! ILogan Northfield 16.5 17.9 19.3 20.7 22.1 23.4 24.8 26.2 27.6 29.0 30.3 31.7 33.1 34.5 35.9 36.2 36.2 36.2 36.2[ 36.2\' 36.51\ 3i.2' 3i.9! 38.5[ 39.2 39.9140.61 41.3: 42.01 43.i\:4 3.7t 44.11 44.t 45.Irr., Co., [ I I I I I [I 1 I [ I I I I 1 [I I

Logan Northwest i I !! I I I I 1 1 I I . II!. I ' , ! , ! I " iField Irr. Co., 20.1 21.8 23.5 25.2 26.8 28.5 30.2 31.9 33.5135.2 36.9 38.6140.3 41.9 43.6 44.1 44.1 44.1 44.1i 44.J[ 44.6146.3' 48.01 48.0: 48.0: 4s.01 48.0; 1,8.0/48.0: 48.0148.01 48.0 48.01 4S.Benson Irr. Co., ill [ I I i [ 1 [ I ! ! [ i I I; : i I I [Logan Hollow I 0.71 0.71 0.81 0.81 0.91 1.01 1.01 1.11 1.11 1.21 1.31 1.31 1.41 1.4[ 1.5[ 1.51 1.5[ 1.5! I.." 1.;")' \..5' 1.6' 1.61 1.i' 1.7: 1.8! 1.91 2.01 2.1 1 2.21 2.31 2.4' 2.51 2Logan Island Irr., I 2.41 2.6m 3.01 3.2\ 3.4\ 3.6\ 3.8\ 4.0\ 4.2[ 4.41 4.61 4.81 5.01 5.21 5.21 5.2! 5.21

15.2' 5.2! 5.3! ;;.51 5. i! 5.9! 6.1' 0.3: 6.61 6.9! 7.2' i.6! i.9' 8.2' 8.6~ 9.

Co., 3.6 4.0 4.3 4.6 4.9 5.2 5.5 5.8 6.1 6.41 6.7: 7.01 7.3[ 7.6 7.9 8.1 8.1[ 8.1 8.1: 8.11 8.11 8A! 8.7: 9.0' 9.3' n.i: 10.2: 10.7' 11.21 11.i[ 12.2' 12.2' 12.21 12.

Seventh Ward Irr., I ITo I I I I I I ~ \ I I 1 I I I I I I!! 1 [ , , ' iii i iCo., 0.7 0.8 0.8 0.9 0.9 1.0 1.0 1.1 1.2 1.2 1.3 1.3 1.41 1.4 1.5 1.5[ 1.5, 1.51 1.5 \..il 1.51 1.6; 1.i' l.;f 1.71 1.91 1.9, 2.01 2.0 2.0, 2.01 2.0, 2.0 2.Thatchedrr., Co., I 0.21 0.21 0.31 0.31 0.31 0.31 0.3[ 0.41 0.41 0.41 0.41 0.4[ 0.5[ 0.51 0.51 0.51 0.51 0.51 0.51 0.:;1 0 ..51 0.51 0.5! 0.61 0.61 0.6' 0.6' 0.61 0.7 1 O.i' O.il 0.;1 0.81 O.Logan City. I 4.61 5.01 5.41 5.71 6.11 6.51 6.91 7.31 7.71 8.0[ 8.41 10.01 10.01 10.01 10.01 1001 1O.0! 1001 10.01 10.01 1O.0! 10.0' 10.0: 10.0! 10.0' 10.0' 10.0' :'l.0' 10.0' 10.01 1O.0! 10.01 10.01 10.

Logan Stone & I 1 I I I I I I I 1 I 1 I I I 'I [ ! I II . I ' I ' , , IMonument Co., 3.7 4.0 4.3 4.6 4.9 5.2 5.5 5.8 6.1 6.4[ 6.7 7.0 7.3 7.6 8.01 8.0, 8.01 8.01 8.0[ 8.0' 8.11 8.5[ f..;! 9.11 94' g'~1 10.2: :0.7! 11.2 l1.i: 12.2[12.21 12.2: 12.21

Thatcher Milling & , I I 1 I I I I 1~ I I / I I 1 1 1 I i I I I ! I I ' ! ! ' , 1Elevator Co., 36.5 39.5 42.5 45.5 48.7 51.7 54.7 57.7 60.8,63.9 66.9 69.9 72.9 76.0 79.0 80.0 80.0,80.01 80.0! 80.0' 80.81 83.91 ,~;.O· 8;.01 8iO I 8;.0' 8i.0' '.i.O' 8iO 8i.0' 8i.0 SiO 8i.0 8i.Oi

Central Milling & I I I \ \ \ 1 I 1 I 1 I 1 [ I ! I I I I I ' I ! ! 1 , ! , : ' , I ! iElevator Co., 11.9 13.0 13.9 14.8 15.9 16.8117.8[18.8119.8120.7121.8122.61 22.6[ 22.6[ 22.61 22.6 22.6 22.6 22.6)22.6: 22.61 22.6! 22.6! 22.6' 22.61 22.6' 22.6' :~2.6! 22.61 22.6' 22.6 22.6: 22.6, 22.61Thatcher M. &E. Co. I 20.9[ 22.71 24.41 26.21 27.9[ 29.61 31.4[ 33.2[ 34.81 36.61 38.31 39.9[ 33.9[ 39.91 39.9[ 39.91 39.91 39.91 39.9[ 39.91 39.91 3991 39.9! 39.9! 39.8! 39.81 39.S' ?9.8' 39.8', 39.8:, 39.8' 39.8! 39.8' 39.8

1

[

Anderson & Sons I I I I I \ I \ \ I I I I. I \.! I.!, _ I, - _. ,.:, 0' c 0' 0 I;. I 0 1 • 1 !. I .Co., 7.7 8.3 9.0 9.6 10.2 10.9111.5 12.2 12.8 13.41 14.11 14.71 15.41 16.0[ 16.6 16.8116.8, 1l1.Sl 16.81 16.1' 1,.0,1,.1 18.3· 1~.3 l~.u 1" .., 1~.3 ,~.3. 11>.3 18.3 18.3 18.3 1~.3 18.31Utah Power & Light I I I \ \ I \ [ I I [ I I I I ! : I I II! I ! ! I ! ' : ! ! ! : ' ,Co., [Card RightJ 9.4 10.2 11.0 11.8 12.6[13.3 14.1[15.0[15.7116.5[17.2118.0,18.9) 19.6120.4' 20.71 20.i, 20.i, 20.T 20.i l 20.9: 21.:'" 226' 22.6' 22.6' 22.6 22.0' ~2.6· 22.6: 22.6' 226' 22.6 226 22.6,Utah Power & Light I I I \ \ [ I [ [ [ [ I [ [ ! I I I I ! 1 i I . !! I , ' ! ,Co., 93'.8101.6109.4117.2125.6[132.9[140.71148.5[156.3[164.1[171.91li9.81187.61195.41200. [200. [200. 1200. !200. !200. [200. [200. :200. 1200. 1200. :200. 1200. 1200. 1200. '200. 1200. !200 :200.200. i

236. Logan Cow Pasture Water Co.(a) 1860-May 1 2.5 c.f.s.

235. Southwest Field Irrigation Co.(a) 1860-May 1 11 c.f.s.

DATE OF

PRIORITY

(b) 1865-May 1

(b) 1864-May 1

(c) 1884-May 1

(d) 18B8-May 1

«(') 1888-May 1

AMOUNT IN

SECOND FEET

1 c.f.s.

3.8 c.f.s.

1.2 c.f.s.

15.0 c.f.s.

9.0 c.f.s.

POINT OF DIVERSION AND

PLACE OF USE

Said Jwater to be diverted from \LoganRiver at a point 600 feet Southeasterlyfrom the Southeast corner of Block 6, Plat4, Park Addition, Logan City Survey, andused for the irrigation of 880 acres of landin the West half of Sections 4 and 5, Town­ship 11 North, Range 1 East, S. L. M.

Said water to be diverted from Nortbbranch of Little Logan River, a part ofLogan River at a point near what is knownas the South Slough and used for the sup­plemental irrigation of the lands last abovedescribed.

Said water to be diverted from springs sit­uate in Section 31, Township 12 North,Range 1 East, S. L. M. and collected in anatural depression known as the LoganFish and Game Reservoir, the same being atributary of Logan river, and used for theirrigation of 200 acres of land located inSections 25, 26, 27, 35, 34, 28, 22 and 23,Township 12 North, Range 1 East, S. L. M.

Said water to be diverted from the sourcesas setout in the preceding paragraph (a)hereof,and used for the irrigation of 300acres of land in the above designated sec­tions.

Said water to be diverted from tne sourcesas set out in the preceding paragraph (a)hereof, and used for the irriga;tion of 100acres of land in Sections hereinabove setout.

Said water to be diverted from the sourcesas set out in paragraph (a) hereof, andused for the irrigation .of 1200 acres of landin the sections hereinaboVie set out.

Said water to be diverted from said LoganRiver at a point in 8ection 4, Township 11North, Range 1 East, S. L. M.eonveyed tosaid Logan Fish and Game Reservoir andthence distributed and used for the supple­mental irrigation of the lands above de­scribed in paragraph a-b-c and d, but in nocase shall the use of water on these lands

49

(c) 1916-March 17 20 c.f.s.

(b) 1911-July 31 68 c.f.s.

(d) 1878-May 1 1 c.f.s.

Peterson Jr., Algernon Peterson:1870-May 1 3 c.f.a.

POINT OF DIVERSION AND

PLACE OF USE

Creek, a tributary of Blacksmith Fork Riv­er at a point in Section 14, Township 10North, Range 3 East, and used for the ir­rigation of 155 acres of land in said Sec­tion 14.

Said water to be diverted from BlacksmithFork River at a point South 81°15' East13332 feet from the Southwest corner of theSoutheast quarter of Section 2, Township10 North, Range 1 East, conveyed to saiddefendant's power plant and there llsedthroughout all seasons of the year for thegeneration of electrical power or energyand thence returned to the channel of saidBlacksmith Fork River at a point South77° 26' East 1266 feet from the Southwestcorner of the Southeast quarter, of Section2, Township 10 North Range 1 East.

Said water to be diverted from said riverused for power purposes and returned tothe channel of said Blacksmith Fork Riv­er, as set out in paragraph fa) hereof.

Said water to be diverted from BlacksmithFork River at a point South 81° 15' East13332 feet from the Southwest corner ofthe Southeast quarter of Section 2, Town­ship 10 North, Range 1 East, and used forthe irrigation of 2000 acres of land lyingin the Southwest quarter of the Southwestquarter of Section 2, Sections 3 and 10, theWest half of the Northwest quarter of theNortheast quarter of Section 11" all inTownship 10 North, Range 1 East, S. LoM., the West half of Section 34, Township11 North, Range 1 East.

Said water to be diverted fflom BlacksmithFork River at a point in the Northwestquarter of the Northeast quarter of Section11, Township 10 North, Range 1 East, orfrom the millrace of the Hyrum ElectricPlant, and us-ed for the irrigation of 25acres of land in the Northwest quarter ofthe Northeast quarter of Section 11, andthe Southwest quarter of the Southeastquarter of Section 2, Township 10 North,Range 1 East, S. L. Y,

AMOUNT IN

SECOND FEET

DATE OF

PRIORITY

243. Blacksmith Fork Light & PowerCompany:(a) 1906--Doo. 6 125 c.f.s.

51

DATE OF

PRIORITY

AMOUNT IN

SECOND FEETPOINT OF DIVERSION AND

PLACE OF USE

237. Logan River & Blacksmith ForkIrrigation Oompany:1877-May 1 34 c.f.s

0.5 c.f.s.

exceed one'second foot to each 80 acresthereof.

Said water to be diverted from Logan Riv­er at a point near the line between Sections7 and 8, Township 11 North, Range 1 Eastand used for the irrigation of 2600 acresof land in Sections 6, 7 and 18, Township11 North, Range 1 East, Sections 1, 2, lit12, 13, Township 11 North Range 1 West,and Sections 35 and 36, Township 12 North,Range 1 West, S. L. M.

Said water to be diverted from LoganRiver at a point in the North half of theNortheast quarter of Section 34, T,oWll-ship 12 North, Range 1 West, by means ofan electrically driven pump, and used forthe irrigation of 40 acres of land in theNorth half of the Northeast quarter of saldSection 34.

SPRING CREEK, NEAR PROVIDENCE

238. Isaac P. Stewart:1919-May 1

239. Spring Oreek Water Oompany:186Q-May 1 16 c.f.s.

S'aid water to be diverted from SpringCreek, a tributary of Blacksmith ForkRiver, at a point in the Southeast quarterof Section 9, Township 11 North, Range1 East, and used for the irrigation of 960acres of land in Sections 11, 14 and 155

said TO'WD.ship and Range.

BLACKSMITH FORK RIIVER

240. P. M. Pomse'n:1907-May 1 0.25 c.f.s.

241. OOOs. L. Anderson:(a) 1888-May 1 0.5 o.f.s.

(b) 1908-May 1 0.25 c.f.s.

242. Ernest Peterson and Ernest

Said water to be diverted from BlacksmithFork River at a point in Section 8, Town­ship 10 North, Range 2 East, and used forthe irrigation of 8 acres of land in saidSection 8.

Said water to be diverted from BlacksmithFork River at a point in Section 26, Town­ship 10 North, Range 3 East, and used forthe irrigation of 20 acres of land in saidSection 26.

Said water to be diverted as last a:bove de­ecribed, and used for the irrigation of 10acres of land in said Section 26.

Said water to be diverted from Curtis

50

DATE OFPRIORITY

AMOUNT INSECOND FEET

POINT OF DIVERSION AND

PUCE OF USE

254. Hyrum Irrigating Company:(a) I86I-':-May 1 40 c.f.s.

255. Providence-Blacksmith Fork Ir­rigation Company and MillvilleIrrigation Company:(a) 1861-May 1 40 c.f.s.

249. Lavina N. Peterson (widow) :250. Clayton Neilson:251. Elva Neilson:252. Lila Neilson:

IS80-May 1 0.25 c.f.s.

253. T. W. Peterson:I911-May 1 1 c.f.s.

244. NormOln Salverson:245. HansineSalverson:246. Charles L. Ames:247. Jacob JOInes:248. Ulrich Zbinden:

I878-May 1

(b) I86I-May 1

2.5 c.f.s.

10 c.f.s.

Said water to be diverted from BlacksmithFork River at a point in the Northwestquarter of the Northeast quarter of Section11, Township 10 North, Range 1 East, orfrom the millrace leading to the HyrumCity power plant, located in the Southeastquarter of Section 2, said township andrange, rand used for the irrigation of 114acres of land in Sections 2 and 3, Town­ship 10 North, Range 1 East, Section 34,Township 11 North, Range 1 East S. L. M.Said water to be divided among saidclaimants in proportion to the acreageowned by each individual, viz : NormanSalverson and Hansine Salverson, 47 ac.­res; Charles L. Ames, 19 acres ; JacobJanes, 33 acres; Ulrich Zbinden, 15 acres.

Said water to he diverted from BlacksmithFork River at a point in the Northwestquarter of Section 3, Township 10 North,Range 2 E'ast,and used for the irrigationof 10 acres of land in the Southeast quar­ter of said Section 23.

Said water to be diverted from Rock Oreek,a tributary of Blacksmith Fork River, at apoint in Section 31, 'TIownship 10 North,Range 4 East, and used for the irrigationof 40 acres of land in said Section 31.

Said water to he diverted from BlacksmithFork River throughout the irrigation 'sea­son of each year, at a point in the Northhalf of the Northeast quarter of Section 3,Township 10 North, Range 1 East and usedfor the irrigation of 2400 acres of land inSections 28, 29, 31, 32, 33 and 34, Town­ship 11 North Range 1 East.

Said water to be diverted from said riverthrough the above described canal duringthat part of each irrigation season priorto July 10th of each year for the supple­mental irrigation of the above mentionedlands.

Said water to be diverted from said riverthroughout the irrigation season of eachyear at a point in the Northeast quarter ofSection 27, Township 11 North, Range 1

52

256. Millville Irrigation Company:(a) 1861-May 1 40 c.f.s.

257. South Cache Milling Company:1859-May 1 30 c.f.s.

DATE OF

PRIORITY

(b) 1861-May 1

(b) 1861-May 1

AMOUNT IN

SECOND FEET

10 c.f.s.

10 c.f.s.

POINT OF DIVERSION AND

PLACE OF USE

East, and at a point in the Southeast quar­ter of Section 2, Township 10 North, Range1 East and used for the irrigation of 1767acres of land on the East side of the riverin Sections 9, 15, 16, 22 and 27, Township11 North, Range 1 East.

Said water to be diverted from said riverthrough the above described canals duringthat part of each irrigation season priorto July 10th of each year for the supple­mental irrigation of said lands.

Said water to be diverted from said riverthroughout the irrigation season of eachyear at a point in the Southeast quarter ofSection 34, Township 11 Norih, Range 1East, and used for the irrigation of 2650acres of land on the west side of said riverin Sections 15, 16, 19, 20, 21, 22, 27, 28,29, 30 and 34, said township and range, andSection 24, Township 11 North, Range 1West, S. L. M.

Said water to be diverted from said riverthrough the above described canal duringthat part of each irrigation season prior toJuly 10th of each year for the supplemen­tal irrigation of the above mentioned lands.

Said water to be diverted from said riverat a point in the Northwest quarter of Sec­tion 27, Township 11 North, Range 1 East,conveyed to the mill of said defendant, andthere used for milling purposes and re~turned to the channel of said river in theSouthwest quarter of Section 22, Township11 North, Range 1 East S. L. M., providedthat when the total flow of said river, i. e.,the sum of the quantities of water beingsimultaneously diverted through all canalsdiverting therefrom for irrigation purpos­es is less than 110 second feet, this defend­ant may transfer and change this use tolands of its stockholders included withinthe lands her,ein enumerated as irrigatedlands under the canals of the Hyrum Irri­gation Company, Providence-BlacksmithFork Irrigation Company and Millville Ir­rigation Oompany, diverting said waterthrough the canals of the above mentioned

53

DATE OF AMOUNT mPRIORITY SEOOND FEET

POINT OF DIVERSION AND

PLAOE OF USE

259. Oollege Irrigation Oompany:(a) 1879-May 1 6.3 c.f.s.

258. Hy'l'wm Oity:(a) 1899-May 1 133 c.f.s.

(b) 1915-Dec. 18

(c) 190B-May 1

1 c.f.s.

1.0 c.f.s.

companies and using the same upon saidstockholders' lands; provided that the to­tal quantity of water applied to said landsshall not exce,ed one second foot to 60 ac­res, and none of said water shall here­after be applied to any lands except thosenow belonging to said stockholders.

Said water to be diverted from the flow ofBlacksmith Fork River through a canal di­verting from the tailrace of the Hyrumplant of Blacksmith Fork Light & PowerCompany in the Northeast quarter of Sec­tion 11, Township 10 North, Range 1 East,conveyed to the power house of said de­fendant and used for the generation of el­ectric power or energy, and returned to thechannel of Blacksmith Fork River in theSouthwest quarter of Section 2, said town­ship and range.

Said water to be diverted from a springtributary to Blacksmith Fork River, locat·ed a,t a point 2130 feet South and 3756 feetWest of the Northeast corner of Section 12,'l'ownship 10 North, Range 2 East, andused by Hyrum City for municipal purpos­es; provided that the right accorded saiddefendant herein shall be contingent uponthe said defendant making proof of con­struction of works and appropriation un­der said application as required by law, '80as to merge said application into a permitas provided by the laws of Utah.

Said waters to be diverted from Dry Hol­low Spring at a point 1200 feet South and500 feet west of the North quarter cornerof Section 5, Township 11 North, Range 2East, and used by and within Hyrum Cityfor municipal purposes.

Said water to be diverted from BlacksmithFork River and Berger Spring, a tributarythereof, at a point in the Northwest quar­ter of Section 27, Township 11 North,Range 1 East and used for the irrigationof 500 acres of land in Sections 8, 9, 13, 14,17, 18, 19, 20 and 24, said township andrange.

54

DATE OF

PRIORITY

(b) 1880-May 1

AMOUNT IN

SECOND FEET

3.8 c.f.s.

POINT OF DIVERSION AND

PLACE OF USE

Said water to be diverted from said Black­smith Fork River through the last above described canal, and used for the irrigationof 300 acres of land located in the sectionsabove described.

260a. The Amalgamated Sugar Co.1900-May 1 7 c.f.s.

260. Spring Creek [rrigatiofll Co.:1879-May 1 22 c.f.s.

261. Garr Springs Water Company:1860-May 1 4.3 c,f.s.

Said waIter to be diverted from BlacksmithFork River in the Southeast quarter ofSection 9, Township 11 North, Range 1East and used for the irrigation of 1600acres of land in the Northeast quarter ofSection 24, the West half of the East halfof Section 14, South half of Section 11,South half of Section 12, Section 13, Town­ship 11 North, Range 1 West, and theSoutheast quarter of Section 7, Southwestquarter of Section S, Northwest quarter ofSection 17, Northwest quarter of Section19, and Section 18, Township 11 North,Range 1 East, S. L. M. Said water to bemeasured where said canal crosses theState Highway near the sugar factory.

Said water to be diverted from BlacksmithFork River and Clear Creek Springthrough the canal of Spring Creek Irriga:-tion Uompany, above described, through­out each year and used at said defendant'sLogan Sugar factory in the manufac­ture 'of sugar beets, and thence returned tothe channel of Blacksmith Fork River inSection 8, T'ownship 11 North, Range 1E1ast, S. L. M.

Said water to be diverted through ditchesdiverting from Garr Springs in the Southhalf of Section 23, Township 11 North,Range 1 East, and used £01' the irrigationof 300 'acres of land in the East half of Sec­tion 22, West half of Section 23, North halfof Section 26 and Section 27, Township 11North, Range 1 East.

LITTLE BEAR RIVEtR

262. Wellsville East Field [rrigationand Can'JJZ Company:(a) 1860-April1 30 c.f.s.

Said water to be diverted from Little BearRiver at a point in the Northeast quarterof Section 7, Township 10 North, Range 1East, S. L. M., and used throughout theirrigation season of each year for the irri-

55

263. Hyrum Irrigating Company:(a) 1860--April 1 3 c.f.s

AMOUNT IN

SECOND FEET

DATE OF

PRIORITY

(b) 1878-April 1

(0) 1860--lfay 1

(b) 186Q-lfay 1

(c) 1878-April 1

(d) 1890--lfay 1

15 c.f.s.

10 c.f.s.

30 c.f.s.

15 c.f.s.

15 c.f.s.

POINT OF DIVERSION AND

PLAC~ OF USE

gation of 3075 acres of land in Sec­tion 6, Township 10 North, Range 1 East,Section 31, Township 11 North, Range1 East, Sections land 2, Town'ship 10North, Range 1 West, Sections 13, 14, 15,22, 23, 24, 25, 26, 35 and 36, Township 11North, Range 1 West. .

Said water to be diverted from Little BearRiver at the point of diversion describedin paragraph (a) immediately above, andused for the irrigation of the lands thereindescribed.

Said water to be diverted from Little BearRiver at the point of diversion described inparagr'aph (a) immediately above, betweenthe dates of October 1st and October 10thinclusive of each year and used for the ir­rigation of the lands therein described.

Said water to be diverted from Little BearRiver at a point in the Southeast quarterof Section 17, Township 10 North, Range1 West, and used for the irrigation of 200acres of land in Sections 8, 9, 16 and 17,said township and range.

Said water to be diverted from Little BearRiver at a point in the Southeast quarterof Section 15, Township 9 NortJ., Range 1East, and from the Erust Fork of said Lit­tle Bear River at a point in the Southeastquarter of Section 10, Township 9 North,Range 1 East, throughout the irrigationseason of each year, and used for the irri­gation of 2820 acres of land in Sections 3,4, 5, 6, 7, 8, 9, 10, Townshir 10 North,Range 1 East, and Sections 31 32, 33 an.d34, Township 11 North, Range 1 East.

Said water to be diverted from Little BearRiver at the point described iI paragraph

(b) immediately above and us~d through­out the irrigation season of each year forthe irrigation of the lands therein de­scribed.

Said water to be diverted from Little BearRiver at the point of diversim describedin paragraph (b) immediately above, be-

56

DATE OF

PRIORITY

AMOUNT IN

SECOND FEET

POINT OF DIVERSION AND

PLACE OF USE

264. Paradise Irrigation & ReservoirCompany:

(a) 1860-April 1 38 c.f.s.

10 c.f.s.(e) 1860-May 1

(b) 1860-April 1

(c) 1890-May 1

(d) 1860-May 1

265. Hyrum Brown:266. J. W. S. Brown:

1877-May 1

12 c.f.s.

10 c.f.s.

10 c.f.s.

2.0 c.f.s.

tween the dates of April 1st and July 1stof each year and used for the irrigation of1000 acres of land in Sections 9, 16, 21 and28, Township 10 North, Range 1 East, S.L. M.

Said water to be diverted from Little BearRiver at the point of diversion describedin paragraph (b) immediately above, be­tween the dates of October 1st and October10th inclusive ,of each year and used forthe irrigation of the lands therein de­scribed.

Said water to be diverted from the EastFork of Little Bear River at a point in theSoutheast quarter of Section 11, Township9 North, Range 1 East, and used through­out the irrigation season of each year forthe irrigation of 2560 acres of land in Sec­tions 3, 10 and 11, Township 9 North,R~mge 1 East and Sections 15, 21, 22, 27128, 33 land 34, Township 10 North, Range1 East, S. L. M.

Said water to be diverted from Little BearRiver at the point of diversion described inparagr:aph (a) immediately above, betweenthe dates of April 1 and July 10th of eachyear, and used for the supplemental irriga­tion of the lands therein described.Said water to be diverted from Little BearRiver, at the point of diversion describedin paragraph (a) immediately above be­tween April 1st and July 1st of each yearand used for the supplemental irrigation ofthe lands therein described.

Said water to be diverted from Little BearRiver at a point of diversion described inparagraph (a) immediately above betweenthe dates of October 1st and October 10thinclusive 'Of each year land used for theirrigation of lands therein described.

Said water to be diverted from Little BearRiver, during four consecutive days andnights in each period of fourteen days dur­ing' the irrigation season, from the South­east Fork of Little Bear River at a pointin the .southwest quarter of Section 25,

57

DATE OF

PRIORITY

267. Albert Miller:1867-May 1

AMOUNT IN

SEOOND FEET

1 c.f.s.

POINT OF DIVERSION AND

PLACE OF USE

Township 9 North, Range 1 East, and usedfor the irri~ation of 20 acres of land inthe Northwest quarter of Section 26, saidtownship and range.

Said water to be diverted from Little BearRiver at a point in the Southeast quarterof Section 8, Township 10 North, Range 1East, and used for the irrigation of 40 ac­res of land in said Section 8.

268. Israelson Land, Livestock andProduce Company:

1875-May 1 1 c.f.s.

Said water to be diverted from Little BearRiver at a point near the Southwest quar.ter of the Northeast quarter -of Section 7,Township 10 North, Range 1 East, andused for the irrigation of 40 acres of landin said Section 7.

269. E. M. Bickmore:1864-May 1

270. T. K. Obray:(a) 1864-May 1

(b) 1864-May 1

0.5 c.f.s.

0.25 c.f.s.

0.33 c.f.s.

Said water to be diverted from certain Un­named Springs tributaries of Little BearRiver, in the Northwest quarter of Section21, Township 10 North, Range 1 East, andused for the irrigation of 25 acres of landin the Northeast quarter of Section 20, saidtownship and range.

Said water to be diverted from unnamedsprings, tributaries of Little Bear River,in the Southeast quarter of the Noiihwestquarter of SeCJtion 28, Township 10 North,Range 1 East, and used for the irrigationof 12 acres of land in the Southeast quar­ter of the Northeast quarter of said Sec­tion 28.

8:lid water to be diverted from unnamedsprings, tributaries of Little Bear River,in the Northwest quarter of Section 28,Township 10 North, Range 1 East, andused for the irrigation of 18 acres of landin the Southeast quarter of the Northeastquarter of Section 29, Township 10 North,Range 1 East.

(c) 188o-May 1 250 gals. perday

Said water to be diverted from springsdescribed in paragraph (a) immediatelyabove, by means of an hydraulic ram, andused fo,r culinary and domestic purposes athis residence.

58

DATE OF

PRIORITY

271. J. J. Hall:272. Al/red Anderson:

(a) 1875-May 1

(b) 1875-May 1

273. George S. Obray:(Ia) 1870--May 1

(b) 1887-May 1

274. Hyrum Hall Jr.1867-May 1

275. James J. Facer:276. Sampson Knowles:277. Edward Knowles:278. F. J. Law:

1879-Mayl

279. F. J. LOIW:1879-May1

AMOUNT IN

SECOND FEET

0.33 c.f.s.

0.5 c.f.s.

1 c.f.s.

0.33 c.f.s.

.5 c,f.s.

1 c.f.s.

0.33 c.f.s.

POINT OF DIVERSION AND

PLACE OF USE

.said water to be diverted from Big Springa tributary of Little Bear River in theSoutheast quarter of Section 6, Township9 North, Range 1 East and used for theirrigation of 15 acres of land in the Southhalf of the Southwest quarter of Section4, :said towns~ip 'and range; I

Said water to be diverted from unnamedsprings, tributaries of Little Bear Riverin the Northeast quarter of Section 291

Tmvnship 9 North, Range 1 East, and usedfor the irrigation of 25 acres of land inthe Northeast quarter of Sect~on 8, saidtOWl1'ship and range.

Said water to be diverted from unnamedsprings, tributaries of Little Bear River,in the Northeast quarter of Section 29,and the Northwest quarter of Section 28,Township 10 North, Range 1 East, andused for the irrigation of 50 acres of landin said Section 28.

Said water to be diverted from Little BearRiver in Section 29, Township 10 North,Range 1 East,and used for the irri­gation of 20 acres of land in the Northeastquarter of said Section 29.

Said water to be diverted from un­named springs, tributaries of Little BearRiver, in the Southwest quarter of Section21, Township 10 North, Range 1 East, andused for the irrigation of 30 acres of landin the Southwest quarter of said Section21.

Said water to be diverted from the EastFork of Little Bear River at a point in theSoutheast quarter of Section 12, Township9 North, Range 1 East, and used for theirrigation of 58 acres of land in the South­east quarter of Section 11, and the Northhalf of the Northeast quarter of Section 13,said township and range.

Said water to be diverted from the EastFork of Little Bear River at a point inthe Northwest quarter of Section 18, Town-

59

DATE OF

PRIORITY

AMOUNT IN

SECOND FEET

POINT OF DIVERSION AND

PLACE OF USE

280. A. O. Jackson,281. A. O. Jackson Jr.282. George Summers,283. George W. Davis,284, James Facer,285. Charles Shaw,286. Abraha,m Frederickson,287. F. J. Law,288. Joseph E. Cowley,

1878-May 1 4 c.f.s.

289. William Pulsipher,290. William Pulsipher Jr.,291. George W. Davis,292. O. H. Pulsipher,293. Paul Johnson,294. Roar Allen,295. Sampson Knowles,296. Edward Knowles,

1888-May 1 2.5 c.f.s.

297. H. P. Hansen,298. James L. Jensen,299. Jesse E. Smith,300. Annie K. Lauritzen,301. Ole Jensen,302. Robert Baxter,303. W m. H. Jensen,304. John F. Monson,

1860-April 1 2.4 c.f.s.

ship 9 North, Range 2 East, and used forthe irrigation of 20 acres of land in theNortheast quarter of Section 13, Township9 North, Range 1 East.

Said water to be diverted from the EastFork of Little Bear River through JacksonDitch diverting therefrom at a point in theNortheast quarter of Section 13, Township9 North, Range 1 East, and used for the ir~

rigation of 280 acres of land in Sections10, 11 and 12, said township and range.Said water is to be divided among saidclaimants in proportion to the acreageowned by each individual, viz: A. O. Jack­son and A. O. Jackson Jr., 80 acres; GeorgeSummers, 80 acres; George W. Davis,30acres; James Facer, 58 acres ; CharlesShaw, 5 acres; Abraham Frederickson, 2acres; F. J. Law, 3 acres; Joseph E. Cow­ley, 12 acres.

Said water to be diverted from Pole Creeka tributary of Little Bear River at a pointin Section 24, Township 9 North, Range 1East, S. L. M., and used for the irrigationof 150 acres of land in Sections 11, 14, 24and 25, said township and range. SaidWilliam Pulsipher and William PulsipherJr., to use the stream 1-6 of the time. SaidSampson Knowles and Edward Knowlesto use the stream 1-6 of the time, and eachof the other parties ,each to use the stream1-6 of the time.

Said water to be diverted from Little BearRiver in the Northwest quarter of theSoutheast quarter of Section 8, Township10 North, Range 1 East, S. L. M., and usedfor the irrigation of 78.1 acres of land inthe North half of said Section 8, to be usedby them for this purpose every alternateperiod of two weeks during the irrigationseason. Said water to be divided amongsaid claimants in proportion to the acre­age owned by each individual, viz: H. P.Hansen, 12 acres; Jas. L. Jensen, 5 acres;Jesse E. Smith, 15 acres; Annie K. Laurit­zen, 6.6 acres; Ole Jensen, 4.5 acres; Rob-

60

314. Paradise Land & Livestock Co.

(b) 1878-April 1 1.25 c.f.s.

311. Joseph T. Lofthouse,1860-April 1 0.33 c.f.s.

312. Joseph T. Lofthouse,313. Ernest Forsberg,

1860-May 1 0.5 c.f.s.

POINT OF DIVERSION AND

PLACE OF USE

ert Baxter, 11.5 acres; William H. Jensen,6.5 acres ; John F. Monson, 17 acres.

Said water to be diverted from Little BearRiver through the ditch last above describ­ed, used for power purposes and returnedto the channel of Little Bear River in theSouthwest quarter of the Northeast quar­ter of said Section 8.

Said water to be' diverted from Little Be'arRiver ata point 30 rods East and 26 rodsNorth of the Southwest corner of the NorthWiest quarter of Section 10, Township 9North, Range 1 East, and used for the irri­gation of 91 acres of land in Sections 3, 4and 10, said township and range. Said wat­er to be divided among said claimants inproportion to the acreage owned by eachindividual, viz: John P. James, 12 acres;Joseph T. Lofthouse, 20 acres; John E.Miles, 34 acres; James H. Danielson, 7 ac­res; Joseph S. Howells, 18 acres, or saidwater may be diverted in double quantityevery alternate period of two weeks dur­ing the irrigation season.

Said water to be diverted from said streamat the point of diversion described in par­agraph (a) immediately above and usedfor the supplemental irrigation of thelands therein described.

Said water to be diverted from unnamedsprings, tributaries of Little Bear River,in the north half of Section 10, Township9 North, Range 1 East, for the irrigationof 15 acres of land in said Section 10; pro~vided that said Lofthouse may use a largerstream for a portion of the time so thatthe total quantity of water used will beequivalent to one-third second foot contin­uous flow.

Said water to be diverted from West Oan­yon, a tributary of Little Bear River inSection 9, Township 9 North, Range 1East, and used for the irrigation of 37acres of land in Sections 9 and 10, Town­ship 9 North, Range 1 East.

Said water to be diverted from Little Bear

30 c.f.s.

AMOUNT IN

SECOND FEET

DATE OF

PRIORITY

306. John P. James,307.1 Joseph iT. Lofthouse,308. John E. Miles,309. James H. Danielson, (substitut­

ed for Jacob Larsen)310. Joseph S. Howells, (substituted

for Harry Shaw)('a) 1860-April 1 1.25 c.f.s.

305. Robert Baa;te'l',1870-May1

61

315. Edward J. Norman,316. Charlton A. Goldsberry:·317. David McMurdie:

(a) 1864-May 1 2.0 c.f.s.

318. John T. James, (substituted forJohn P. James:

319. Edward Gibbons (Substituted forJohn A. McArthur.)

320. Joseph Howells:1860-April 1 1.25 c.f.s.1878-April1 0.75 c.f.s.

321. O. H. Pulsipher:322. Ole Olsen:323. Abraham Frederickson:

1864-May 1 1.5 c.f.s.

DATE OF

PRIORITY

(b) 1864-May 1

AMOUNT IN

SECOND :B'EET

2.0 c.f.s.

POINT OF DIVERSION AND

PLACE OF USE

River between April 1st and July 10th ofeach year at a point in the West half ofSection 33, Township 10 North, Range 1East, and used for the irrigation of 87.5acres of land in the 'tVest half of said Sec­tion 33, and the Southwest quarter of Sec­tion 28, ,said township and range. Saidwater to be divided among said claimantsin proportion to the acreage owned by eachindividual, viz: Paradise Land & LivestockCo., 50 acres; Charlton A. Goldsberry,18.75 acres; David McMurdie, 8.38 acres,Edward J. Norman, 9.38 acres.

Said water to be diverted from Little BearRiver each alternate week from July 10thto September 30th of 'each year at thepoint of diversion described in paragaph(a) immediately alhove, and used and ap·portioned by and among the parties astherein set out.

Said water to be diverted from unnamedsprings, tributaries of Little Bear River,in Sections 10 and 3, Township 9 North,Range 1 East and used for the irrigationof 120 acres ~f land in Sections 3 and 10,said township and range.

Said water to be diverted from Little BearRiver in Section 22, Township 7 North,Range 1 East, and used for the irrigationof 90 acres of land in Sections 15, 16 and22, said township and range. Said watershall be divided among said claimants inproportion to the acreage owned by eachindividual, viz: Abraham Fredrickson, 30acres; Ole Olsen, 30 acres; O. H. Pulsipher,30 acres.

324. Lindsay Land & Livestock Co.1890-May 1 1 c.f.s.

325. Paradise Land & Livestock Co.

Said water to be diverted from Little BearRiver in the Southwest quarter of theSouthwest quarter of Section 23, Township9 North, Range lEast, and used for the ir­rigation of 40 acres of land in the South­west quarter of said Section 23.

Said water to be diverted from McMur·

62

DATE OF

PRIORITY

AMOUNT IN

SECJOND FEET

POINT OF DIVERSION AND

PLACE OF USE

330. Mendon Central Irrigation Co.1860-May 1 4.5 c.f.s.

1860-April1

326. Wellsville City:1861-May 1

327. J. M. Smith:328. J ames Jensen:329. Joseph E. Smith:

1875-MaYi 1,

1.5 c.f.s.

1 c.f.s.

1 c.f.s.

die Springs, a tributary of Little BearRiver, in Section 33, Township 10 North,Range 1 East, and used for the irrigationof 60 acres of land in the Southwest quar­ter of Section 28, and the Northwest quar­ter of Section 33, said township and range.

Said water to be diverted from BrighamSpring, in New Oanyon, tributary toLittle Bear River, and used throughouteach year for municipal purposes inWellsville City.

Said water to be diverted from Little BearRiver in Section 6, Township 10 North,Range 1 East, S. L.M., and used for theirrigation of land in said Section 6 andSection 1, Township 10 North, Range 1West, S. L. M.

Said water to be diverted from each, eith­eI' or all of the following springs, tributar­ies of Little Bear River: Central Spring,arising in the West half of the Southeastquarter ·of Section 8. Gitten Spring, aris­ing in the Southeast quarter of Section 7.Two unnamed springs, arising in the Northhalf of the Northeast quarter of Section18. Maple Bench Spring, arising in theEast half of Section 18. William Birdspring, arising in the Southeast quarterof the Northeast quarter of Section 18,all in Township 11 North, Range 1 West,Said water to be diverted at various pointsalong the course of said springs and usedfor the irrigation of 82 city lots in theTown of Mendon and 207 acres of land inSections 5, 6, 7, 8, 9 and 17, Township nNorth, Range 1 West, S. L. M.

0.5 c.f.s.331. P. A. Sorenson:

1860-May 1Said water to be diverted from springsor streams hereinabove enumerated underMendon Central Irrigation Company, andused for the irrigation of one city lot and21 acres of land in Sections 8 and 92 saidtownship and range.

Said P. A. Sorenson and Mendon Cenh'al Irrigation Company may divert, withthe above priorities, three (3) second feet of water from said streams between thedates of October 1st and October 15th for incidental late irrigation. For the purpose

63

DATE OF

PRIORI'TY

AMOUNT INSEOOND FEET

POIN~ OF DIVERSION AND

PLACE OF USE

of rotating the water above mentioned be tween the Mendon Central Irrigation Com·pany and P. A. Sorenson, the following method of distribution shall be observed:

P. A. Sorenson is entitled to use 1-6 of the 5 c.f.s. hereinabove described during. six hours in e,ach period of 8 days and 18 hours, for the irrigation of Lot 7, Block 7,

Plat "A," Mendon City. He is also entitled to divert and use 5-6 of the full 5 c.f.s.during 21 hours in each period of 9 days and.12 hours for the irrigation of 21 acresof land above described.

Mendon Central ,Irrigation Company is entitled to divert 1-6 of 5 c.f.s. during8 days and 12 hours in each period of 8 days and 18 hours for the irrigation of citylots. It is also entitled to divert and use 5-6 of 5 c.f.s. during 8 days and 15 hours ineach period of 9 days and 12 hours for the irrigations of lands above described.

333. Wellsville-Hawbush Field It'ri­gation, Marw,facturing &

Canal Company:(a) 1861-May 1 37.5 C.f.8.

334. Willard Parker,335. Violet Parkinson,336. Henry C. Parker,337. James C. Parker, (substituted

for Heber C. Parker)(10 C.f.8.)

(2 c.f.s.)

332. Joseph Hardman:1880-May 1

(b) 1861-May 1

338. James Anderson,1880-May 1

3 c.f.s.

15 c.f.s.

12 c.f.s.

Said water to be diverted from Little BearRiver at a point approximately 60 rodsEast of the Southwest corner of Section15, Township 11 North, Range 1 West,and used for the irrigation of 150 acres ofland in the South half of Section 15, andSouth half of Section 16, said township andrange.

Said water to be diverted from HawbushStream, a tributary of Little Bear River inthe Southwest quarter of Section 10, Town­ship 10 North, Range 1 West, and usedthroughout the irrigation season of eachyear for the irrigation of 3000 acres of landin Sections 1, 2, 3, 10, 11, 13, 14, 15, 22 and23, Township 10 North, Range, 1 West,S.L. M.

Said water to be diverted through the ditchmentioned in paragraph (a) immediatelyabove, between the dates of October 1 andOctober 10 of each year for the irrigationof late c~ops.

Said water to be diverted from Little BearRiver by means of three dams located inthe channel of said river, as follows, (1)in the ~outhwest quarter of the Northeastquarter of Section 22, Township 11 North,Range 1 West, (2) in the Southwest quar­ter of the Southeast quarter of Section 15,said township and range, and (3) in theNorthwest quarter of the Northe8!st quar-

64

DATE OF

PRIORITY

AMOUNT IN

SF..iCOND FEET

POINT 01<' DIVEHSIO"N AND

PLACE OF USE

340. Wellsville City Irrigation Co.1857-May 1 9.8 c.f.s.

339. Wellsville North Field I rriga­tion CompOlnlY :

1857-May 1 3 c.r.s.1865-May 1 7.3 c.f.s.

341. Robert Maughan,342. Thos. Williamson,343. Archie Maughan,344. Wm. Bailey,345. Chas. N. Maughan,346. Jas. Maughan,347. Heber L. Maughan,348. David Maughan,349. Jos. R. Brown,350. Edward Walters,

1883-May 1

351. Guy Maughan,352. Archie Maughan,353. Robert Maughan,

1 c.f.s.

tel' of Section 15, said township and range,and used for the irrigation of 800 acres ofland in the Northeast quarter, Northwestquarter Section 22, Southeast quarter,Easthalf of'the Southwest quarter, West halfof the Northeast quarter, East half of theNorthwest quarter, Section 15, west half ofthe Southeast quarter, Southwest quarter,"Vest half of the Northeast quarter, Section10, Township 11 North, Range 1 West.

Said water to be diverted from Hansenand Darley Springs, tributaries of ~ttleBear River, in Sections 34, Township 11North Range 1 West, and used for the ir­rigati~n of 700 acres of land in Sections26,27, 34 and 35, said township and rangethis being approximately one-half the flowof Darley Spring, and all of the flow ofHansen Spring.

Said water to be diverted from WestSpring, City Spring and East Spring, tri­butaries of Little Bear River, in Section10, Township 10 North, Range 1 West, andused for the irrigation of 414 city lots and621 acres of land within the city limits ofWellsville this being approximately all ofthe flow of West Spring and City Springand 5-6 of the flow of East Spring.

Said water to be diverted from EastSpring and used for the irrigation of 65acres of land in Section 2, Township10 North, Range 1 West. Said watershall be divided among said claim­ants in propcrtion to the acreage ownedby each individual, viz: Rdbert Maughan,2 1-2 acres; Thomas Williamson, 2 acres;Archie Maughan, 8.8 acres; William A.Bailey, 2 acres; Chas. N. Maughan lOlA! ac­res; J as. N. Maughan, 8lA! acres; Heber L.Maughan, 22 acres; David Maughan, 6 ac­refs; Joseph R. Brown 2% acres, EdwardWalters, 1 acre. This being approximate­ly 1-6 of the flow of said East Spring.

Said water to be diverted from Little BearRiver in Section 1, Township 10 North,Range 1 West, S. L. M. from water arising

65

DATE OF

PRIORITY

AMOUNT IN

SECOND FEETPOINT OF DIVERSION AND

PUCE OF USE

1860-May 1 1.25 c.f.s.

354. Guy Maughan,355. James MaughOJYl"356. Archie Maughan,357. William Bailey,358. Wm. H. Maughan,359. Heber L. Maughan,360. Brigham Maughan,361. Edward Walters,362. Christina MaughOJYl"363. Elmer Maughan364. Frank Maughan,365. John Brenchley,366. Daniel H. Maughan,367. Rachel Maughan,368. Peter MaughOJYl"

1S60-May 1 1.5 c.f.s.

below the dam of Wellsville East .B'ield Ir­rigation and Canal Company, and used forthe irrigation of 85 acres of land in Sec­tions 1 and 2, said Township and Range.Said water shall be divided among saidclaimants in proportion to the acreageowned by each individual viz: GuyMaughan 35 acres; Archie Maughan 25acres; Robert Maughan 25 acres.

Said water~ to be diverted from SecondHollow Spring rising in Section 11, fJ.'own­ship 10 North, Range 1 West, a tributaryof Little Bear River, through 3 ditchesdiverting from Second Hollow Creek andused for the irrigation of 77lh acres ofland in Sections 1 and 2, said Townshipand Range. Said water shall be dividedamong said claimants in proportion to theaereage owned by each individual, viz. GuyMaughan 16112 acres; James Maughan 3acres; Archie Maughan 1lh acres; WilliamBailey, 4 acres; Wm. H. Maughan 9lh ac~

res; Heber L. Maughan 2lh acres; Brig­ham Maughan 5 aCI'EJs; Edward Walters5:lj2 acres; Christina Maughan 2% acres;Elmer Maughan 5 acres; Frank Maughan3lh acres; John Brenchley, 8% acres;Daniel H. Maughan 1 acre; RachelMaughan, 5 acres; Peter Maughan 4%acres.

369. William H. Darley,370. John A. LeishmOJYl"

1917-Dec. 10

371. Mendon South Canal:1860-May 1

1 c.f.s.

7 c.f.s.

Said water to be diverted from GardnerCreek, a tributary of Little Bear River, ata point 171 feet West and 1423 feet Northof the Southeast corner of Section 21,Township 11 North, Range 1 West, S. L.M., by means of an electrically drivenpump there located and used for the irri­gation of 57 acres of land in the Northeastquarter and the Southeast quarter of Sec­tion 21, and the Southwest quarter of Sec­tion 22, said Township and Range.

Said water to be diverted from Gardner'sOreek, a tributary of Little Bear River, ata point 1425 feet North and 171 feet Westof the Southeast corner of Section 21,Township 11 North, Range 1 West, andused for the irrigation of 500 acres of land

66

373. Mendon-North Irrigation Co.1860-May 1 8 c.f.s.

374. Henry Haslam,375. Wm. Lea,376. Rebecca C. Hughes,377. John Hughes, Administmtor for

the use and benefit of the hei1'sat law of Edward R. Hughesand Anne Hughes, (substitutedfor Edward R. Hughes andAnne Hughes.)

378. Samh Ann Hughes,379. David A. Kerr,380. Thos. A. Kerr,

1864-May 1 3 c.f.s.

381. Logan Land & Dminage Co.1880-May 1 15 c.ts.

DATE OF

PRIORITY

372. Mendon City:1865-May 1

382. James J. Facer:(a) 1880-May 1

AMOUNT IN

SECOND FEET

1 c.f.s.

5 c.f.s.

67

POINT OF DIVERSION AND

PLACE OF USE

in Sections 9, 10, 11, 14, 15, 16, 21 and 22,said township and range.

Said water to be diverted from Deep Can­yon Stream, a tributary of Little BearRiver, throughout the entire year, at apoint in the Northeast quarter of Section7, Township n North, Range 1 West, andused for municipal purposes within thecity limits of Mendon.

Said water to be diverted from GraveyardStream, Deep Canyon Stream, Rocky PointStream and Pond Stream in Section 7,'J.1ownship 11 North, Range 1 West, andused for the irrigation of 550 acres of landill Sections 4, 5, 6, 7, 8 and 9, said townshipand range.

Said water to be diverted from ClaytonSpring, arising in the Northeast quarterof the Northwest quarter of Section 29,Township 11 North, Range 1 West, andused for the irrigation of 177 acres of landin Sections 22 and 27, Township 11 North,Hange 1 West. Said water shall be dividedamong said claimants in proportion to theacreage owned by each individual, viz:Henry Haslam, 68 acres; Wm. Lea, 20 ac­res; Rebecca C. Hughes, 12 acres j EdwardR. Hughes, 171;2 acres; Sarah Ann Hughes,12 acres; Anne Hughes, 171;2 acres j DavidA. Kerr, 15 acres; Thomas A. Kerr, 15 ac­res.

Said water to be diverted from SpringCreek, a tributary of Little Bear River, ata point 100 rods Southwest from the cen­ter of Section 2,Township.n.Nor:th,Ra~1 West, and used for the lrngatlOn of fifl

acres of land in Sections 34 and 35, Town­ship 12 North, Range 1 \\Test, and Sections~,:and 11, Township 11 North, Range 1West.

Said water to be diverted from SpringCreek, a tributary of Little Bear Riv,er, ata point 100 rods Southwest from the cen­ter of Section 2, Township 11 North,Ra~1 West, and used for the irrigation of330

DAT];] O.I!'

PRIORITY

AMOUKT IN

SECOND FEET

POINT OF DIVERSION AND

PLACE OF USE

(b) 1880-May 1 1.5 C.f.8.

383. Ferdinand Zollinger:(a) 1880-May 1 1.5 c.f.s.

(b) 1880-May 1 2 c.f.s.

acres of land in Sections 3, 4 and 10, Town­ship 11 North, Range 1 West.

Said water to be diverted and used for~acres of l¥l-d in the sections described inparagraph (a) immediately above.

Said water to be diverted from SpringCreek, a tributary of Little Bear River, inthe South half of Section 3, Township 11North, Range 1 West, and used for the irri­gation or/10(f-.,acres of land in the Southhalf of SeGtioIf"3, and the West half of See­tion 2,said township and range.

Said water to be diverted from said SpringCreek near its confluence with Little BearRiver and used for the irrigation of 150=)acres of land in the Northwest quarterofSection 10, Township 11 North, Range 1West, and the Southwest quarter of See­tion 3, Township 11 North, Range 1 West.

CLARKSTON CREEK

384. Clarkston Irrigation District:(a) 1864-May 1 24 c.f.s.

385. Newton Irrigation Compa;ny:(a) 1869-May 1 24 c.f.s.

Said water to be diverted from ClarkstonCreek, a tributary of Bear River, throughvarious ditches diverting therefrom wherethe same Cl'osses the land hereinafter de­scribed, and used for the irrigation of 96city lots or 120 acres of land, and 1000acres of land in Sections 26, 27, 34, 35, 22,23,16,17 and 15, aU in Township 14 North,Range 2 West, S. L. M. Said water is tobe used by the said district 15 days in eachperiod of 20 days during the irrigationseason of! each year, and is to be usedby the Newton Irrigation Company 5 daysin each such period, as provided in the im­mediately succeeding paragraph.

Said water to be diverted from ClarkstonCreek, a tributary of Bear River, at theintake of its reservoir described in the im­mediately succeeding paragraph, and usedfor the irrigation of about 200 city lots and3200 acres of land in Sections 31, and 32,Township 14 North, Range 2 West, andSections 5, 6, 7, 8, 17, 18, 19, 20 and 21,

68

(b) 1873-May 1 2000 M. ft.

DATE OFPRIORTTY

AMOUNT INSECOND FEET

POINT OF DIVERSION AND

PLACE OF USE

T-ownship 13 North Range 2 West, S. L.M. Said water to be used by said com­pany 5 days in each period of 20 days dur­ing the irrigation season of each year andis to be used by Olarkston Irrigation Dis­triot 15 days in each such period as pro­vided in the immediately preceding para­graph.

Said water to be diverted from the floodwaters of Clarks:ton Creek ,a tributary ofBear River, and impounded in a reservoirsituated in the ohannel of saidoreek inSeetions35 and 36, Township 14 North,Range 1 West, S. L. M., and released andused as desired by said Newtan IrrigationCompany for the irrigation of its landsdescribed in paragraph (a) immediatelyabove.

Provided, however, that notwithstanding this sohedule of Rights, users of waterunder this decree shall at no time divert more water than can be beneficially used,and waste of water is hereby prohibited and enjoined.

IlL

The following parties to this suit, having been duly served with summons inthis action and having either filed disclaimer or no answer, motion or other appear­ance or pleading herein, and their default having been ;regularlyentered are !ad­judged and decreed to have no right, title, interest or claim in or to any of thewaters of Bear River, or its tributaries, and said parties, their agents, servants, at­torneys, succes,sors in interest and assigns, are perpetually enjoined from divertingor using any of the waters of Bear River, or .its tributaries except as they mayhereafter initiate or acquire rights to the use of said waters:

Joseph Nelson, Samuel Nelson, Samuel T oult, lThomas Miles, Leroy Nelson, JoelNelson, R. T. Merrill, Abraham Jorgensen, Wm. Affleck, Mariner S. Eccles, L.D. McBride, O. M. Wilson, Geo. H. Nichols, Claude Nichols, J. S. Goldsberry,Jas. McMurdie, Jos. White, Roy Baxter, I. J. Frampton, Nancy L. Goldsberry,C. W. Anderson, Abe Smith, W. H. Ballard, Marcus Rogers, W. H. Thain, VV.A. Bowman, J. D. Skeen, Mendon South Pasture Company.The following parties to this action, to-wit: John H. Peterson, Carl Rasm.ussen,

Lee Nelson, Abraham Smith, Daniel Cash, Wickliff Ewing, Peterson Farm & Live-

69

stock Company, H. W. Ballard, John G. Ricks, Mrs. Lemuel Rogers, John Quayle,O. C. Blumell, Orson G. Salverson, Wm. B. Batt, Eugene Schaub

1A. B. Wilson, Wm.

Bartlett, Priscilla Olson, Nels Rasmussen, having regularly appeared herein by crosscomplaint or other pleading and having failed to submit proof in support of theirclaims, it is hereby ORDERED, ADJUDGED AND DECREED that said parties takenothing by their said cross complaint, and that they have no right, title, interest orclaim in or to any of the waters of Bear Rivel', or its tributaries, and said parties,their agents, servants, attorneys, successors in interest and assigns, are perpetuallyenjoined from diverting or using any of the waters of said Bear River or its tributar­ies, except as they may hereafter initiate or acquire rights to the use of said waters.

IT IS FURTHER ORDERED ADJUDGED AND DEO.RiEED that A. M. Is­raelson has no right, title, interest or claim in or to any of the waters of Bear Riveror its tributaries, except as a stockholder of Israelson Land, Livestock & ProduceCompany; that Isaac Sorenson, Jeremiah Baker, Phineas Bird, Mormon Bird, De­Las Bird, Andrew Anderson, Jens Jensen,and George Lemons, have no right, title,interest or claim in or to any of the ~aid waters, except as stockholders of MendonCentml Irrigation Company; that Roy H. Briggs and Riley E. Allred hav~ noright, title or interest in or to the waters of Bear River except as stockholders ofWood Irrigation Company; and that said parties and each and everyone of them,their agents, servants, attorneys, successors in interest and assigns, are perpetual­ly enjoined from diverting or using any of the waters of Bear River or its tributaries,except as they may hereafter initiate or acquire rights to the use of said waters andexcept as they may be entitled to the use ofwater by reason of their interest in saidIsraelson Land, Livestock & Produce Company, and Mendon Central IrrigationOompany, and Wood Irrigation Oompany.

It is further ordered and adjudged that the plaintiff do have and recover of andfrom each defendant in this action, having rights in and to the use of the waters ofsaid river and its tributaries, as herein decreed, the sum of $1.77 being his or herproportionate share of the costs and expenses incurred by the plaintiff for clerk'soasts, service of summons and the printing of this decree,. hereby taxed in the totalsum of $588.80. Further, that the cost of the reference of certain matters herein toa referee shall be assessed by subsequent order of the Conrt, among the parties whoserights were in issue in snch reference.

The court hereby retains jurisdiction, however, at all times, and from time totime, to make all reasonable rules touching the manner of diverting, measuringand distributing the waters, and the devices to be installed and used for such pur­poses where it may be impracticable to fully comply with the terms of this decree,and to direct that the parties keep accurate and detailed records of the amounts

'10

of water diverted, and to require reports to be filed from time to time of the amountso diverted, and generally to make such orders as may be found reasonably necessaryto give effect to this decree, and to appoint commissioners or watermasters to makedistribution in accordance with its terms, and to punish the parties hereto, theirofficers, agent 'and employes, and their grantees and successors in interest, for anyviolation of the provisions thereof.

Done in open court this 21st day of February, 1922.

JAMES N. KIMBALL, Judge.

71