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Show Temp. Exhibit No. Utah Exhibit No. Ident........................Adm. In the District Court of the Fifth Judicial District in and for Washington County, State of Utah ST. GEORC.E AND WASHINGTON CANAL COM TAN Y, a Corporation, Plaintiffs, HURRICANE CANAL COMPANY, a Corporation, Defendants. He it remembered that on the 12th day of December, A. I). 1925, this cause came on for hearing before the Court during the regular December term of the above entitled Court, the parties appearing either in person or by counsel, or having filed their claims in pursuance to the statutes in such cases made and provided, and from the pleadings, stipulations or agreements made in open court it appears: That the complaint in this action was filed with the Clerk of this Court on the 24th day December, 1923; that thereafter the State Engineer was notified of the filing of the above entitled action, and upon receipt thereof and in pursuance to the provisions of the statutes, the State Engineer made a survey of the Virgin River System, which included its tributaries (except such tributaries whereon the water rights had previously been determined by the State Engineer) for the purpose of collecting data necessary for the proper determination and adjudication of all water rights thereon, and caused to be served upon all the known claimants a notice and summons, requiring all claimants to file with the Clerk of this Court a statement of their claims to the water of the Virgin River, or its said tributaries. That in addition to said notice, a notice was published \jn. thtvxWashington County News, a newspaper having general circulation in the district covered by the Virgin River System, to all unknown owners of the rights to the use of water from the Virgin River system, who had not filed claims, or otherwise made appearance in the above entitled action, to file their claims with the Clerk of this Court, giving all such the legal time in which to file the same, and in the event of a failure to do so, they were to be forever barred and estopped from subsequently asserting any rights to said waters. That after the time fixed for the filing of any such claims had expired, the State Engineer began the determination of the several rights to said waters, and on the 10th day of September, 1924, he submitted to the Clerk of this Court a proposed Determination of all the rights to the use of water from the Virgin River System, and sent to each of the parties who had filed claims as aforesaid, a copy of said Proposed Determination, and giving each party DECREE ninety days' time in which to tile objections to the same, if they had any. Within said time several of the parties filed objections to specific parts of said Proposed Determination, thereupon pursuant to oral stipulations in open Court of the parties who were not satisfied with the said Proposed Determination the said action was continued from time to time, in order that said parties, who were not satisfied, might agree upon and stipulate all their respective rights and interest of, in and to said waters and water rights, of the Virgin River atid its said tributaries, and on the 12th day of December, 1925, the said parties by their attorneys, or in person had entered into written stipulations, or oral stipulations, made in open Court, from time to time, and agreeing to all their rights of, in, or to said water, and the use of the waters of the Virgin River System, with the exception of the Virgin Canal Company, of Virgin, Utah, which objected to the amount of water allowed from the Hluc Spring, to Robert A. Thorley, of Cedar City, Utah, which objections were presented to the Court and after hearing the evidence presented by the protestant, R. A. Thorley not being present, the Court rendered judgment on said protest, and it appearing that the Proposed Determination made by the State Engineer had been corrected to conform with the Settlement made by the respective parties, and wouid be corrected to conform with the judgment above mentioned in the protest of the Virgin Canal Company, and that said Proposed Determination contained a lull and complete determination and adjudication of all the water rights, and the rights to the use of the waters of the Virgin River System, and showing the date of priority, names of owners, class of water rights, acres entitled to water, duty of water, amount of water in second feet, points of diversion, the land to be irrigated, the period of time each year in which each party was entitled to the use of said water, and the address of each owner, which Proposed !<¦:-termination, including paragraphs "I," "II," "III," and "IV" of its preface is now designated as Schedule of Rights and made a part of this decree, all subdivisions under paragraph IV of said preface being given for explanatory purposes only. And it having been made to appear to the Court that findings of fact and conclusions of law JB |