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Show AGRICULTURE UNDER IRRIGATION IN BASIN OF VIRGIN RIVER. 247 water master by written statements and a third testified that he had been present with the water master and a representative of the west side in 1883 when the division between the two sides was made, and that in that division one-fourth was turned into the west ditch and the remainder into the east ditch. In 1901 a committee was appointed to arbitrate the difficult}'. The report of this committee was a compromise and was never agreed to by more than five or six of those interested, so that the matter is still unsettled. There is no record on the books of the Toquerville Irrigation Company of the award made by the selectmen of Kane County, sitting as water commissioners, by which the west side was given water for 83.5 acres and the east side for 197 acres. Although of no legal force, this award states the accepted division at the time it was made, which was before the controversy arose. As this award gave to the west side between the one-third and the one-fourth contended for, it is probable that it would have been accepted as the division that was once agreed to had the existence of the record been known by the parties to the controversy. That the record of the award is on the Kane County books at Kanab, 75 miles away, instead of on the Washington County records, is the probable reason for its never having been found. CLAIMS TO WATER FROM ASH CREEK. A number of claims to Ash Creek and tributary springs have been tiled with the clerk of Washington County. There is no evidence in the county records of appropriations having been made in accordance with the claims. The following summary gives the principal facts concerning the claims: July 14, 1896, T). Hammond and J. Duffin claimed all of Sawyer Springs and all of Ash Creek one-half mile northwest from Kelsey's ranch, amounting to 1,500 miner's inches, tor domestic and all ordinary uses, including irrigation, manufacturing, mining, and all other useful purposes, for use on lands in Washington County, described in the notice. May 29, 1897, William H. Ivins claimed all the water in Ash Creek below New Harmony Fields except that used on Kelsey's ranch, for irrigating 160 acres of land. August 19, 1897, William H. Ivins claimed all of Sawyer Spring? for irrigating 160 acres of land. September 30, 1897, W. A. Brinhurst claimed sufficient water to reclaim 160 acres, which ia described in the notice. AWARDS TO WATER OF ASH AM) KANARRA CREEKS BY WASHINGTON COUNTY SELECTMEN. There were other awards made to Ash and Kanarra creeks by the county selectmen in addition to those already mentioned. A complete summary of all the awards to the creeks and tributaries is as follows: March 8, 1891, the farmers of Toquerville received a certificate for undivided primary rights for 197 acres on the .east side of Ash Creek, and secondary rights for 83.5 acres on the west side of Ash Creek, from Ash Creek and Toquerville Springs, and secondary right for 42 acres from Ash Creek, below Toquerville. March 8, 1881, the Winers of Harmony were given a certificate of primary right to Harmony Springs for 183 acres, besides additional independent rights. March 8, 1881, the farmers of Kanarraville were given a certificate of primary rights for 244.85 acres from Kanarra Creek. March 8,1881, the fanners of Bellevue were given a certificate of primary rights for 100 acres from South Ash Creek and North Ash Creek, below the narrows of Black Ridge. August 12, 1892, A. Gregerson was given a certificate of primary right to Peter Leap Creek, flowing into North Ash Creek, 2 miles above Bellm ne. June 4, 1894, J. F. Pace received a certificate of primary rights and surplus waters at the mouth of Harmony Canyon. |
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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 |