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Show AGRICULTURE UNDER IRRIGATION IN BASIN OF VIRGIN RIVER. 239 areas, bringing additional reasons for determining the rights of the irrigators. Meantime, the movement toward incorporation of irrigation interests had gained ground in Utah, and to incorporate the interests along the Santa Clara was the next move. According]}', on August 21,1901, the Santa Clara Field Company, comprising subdistrict 5 in the old district, and on August 22, 1902, the St. George Clara Field Company, comprising subdistricts 6 and 7 in the old district, were incorporated. During l!>02, through the instrumentality of the church authorities, the interests at Gunlock were placed in like shape, and on October 15, 1902, the incorporation of the interests at Pine Valley was being effected. LITIGATION. One case affecting Santa Clara Creek and one case affecting its tributary. Grass Valley Creek, have been tried in the district court at St. George, and a third case affecting the rights of the entire stream is contemplated. This last case is to follow the incorporation of the irrigators interested in each of the settlements on the creek, and if the present plans of the church authorities are carried out will be brought in the United States court at Salt Lake City. The United States court is selected because the Government's interests at Shebits Indian farm, between Santa Clara and Gunlock. are affected. October 15, 1902, the advisability of the United States court's trying the case was under consideration bj'the United States district attorney. If the case is tried, the aim and purpose will be to finally settle every right on the stream. State <>f Utah v. Royal Hunt.-The case affecting the Santa Clara was the case of the State of Utah •/•. Royal Hunt, and had reference to springs feeding Santa Clara Creek on the farm of the defendant. In the apportionment of water under the Santa Clara irrigation district regulations these springs were considered part of the creek and were subject to the control of the general district water master. During the period of controversy over the legality of the irrigation district the defendant in the suit concluded that he need not continue subject to the orders of the general water master, and they were consequently ignored and water taken from the springs at a time it had not been allotted. It occurred to the county officials that the alleged infringement on the rights of the other settJers could best be corrected through criminal proceedings against Hunt, and on August 1,1900, the county water commissioner in water district No. 2, comprising Santa Clara Creek, swore to a complaint before the justice of the peace in St. George charging Hunt with "willfully and unlawfully turning from and using a part of the water running in the Santa Clara Creek at a time said water had been duly distributed to the people living in Santa Clara settlement for irrigating purposes, thereby changing the flow of said waters without being duly authorized to make such change.'' The case went to trial before the justice of the peace August 0, 1900, and on the following day the court rendered judgment find ing the defendant guilty and ordering him to pay a fine of $7.50 and costs amounting to $1)1.05. Appeal was taken to the district court. After several continuances the case came up for trial before Judge W. M. McCarty, of the sixth district, who was invited to hear it in lieu of the presiding judge of the district. The State filed an amended complaint, alleging that the defendant, Hunt, had diverted the water of Santa Clara Creek at a time said water "had been duly and regularly distributed to the |
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Original book: Utah exhibits [of the] State of Arizona, complainant, v. State of California, Palo Verde Irrigation District, Imperial Irrigation District, Coachella Valley County Water District, the Metropolitan Water District of Southern California, City of Los Angeles, City of San Diego, and County of San Diego, defendants, United States of America and State of Nevada, interveners, State of New Mexico and State of Utah, parties |