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Show are not necessary, and it being orally stipulated by the parties who have appeared at the hearing and entered upon the minutes of the Court that findings of fact and conclusions of law be waived: IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: I. That the said waters of the Virgin River System so drawn within the jurisdiction of this court for distribution under this decree are allowed and designated for beneficial uses herein specified, without waste to the plaintiff and defendants and others made parties hereto respectively, and their successors in title and interest in the amounts, for the purposes, under the conditions and in accordance with the priorities established and prescribed by the Schedule of Rights hereinafter made part of this decree. II. That all rights herein decreed, which are founded upon applications made to the State Engineer under the provisions of the statutes in such cases made and provided, are hereby made subject to compliance with the terms of said applications and to the submission of proofs thereon as required by statute. At the end of the five year period hereinafter mentioned, the status of said applications shall be reported by the State Engineer to this Court, and the Court shall take into consideraion the said report in making its final decree. III. The entry of this decree and filing of the same with the Clerk of this Court and the State Engineer shall constitute a complete adjudication of the water and water rights of the Virgin River System until another or supplemental decree is made and entered superseding this one. The division, apportionment and distribution of the waters of said Virgin River System shall be as herein set forth under the supervision and direction of those appointed under the provisions of the law to supervise the same. IV. Nothing in this decree shall be construed as limiting or depriving any of the parties hereto of the right to enter into agreements for the distribution of the water to them herein decreed, providing that such agreements do not interfere with or infringe upon the rights of other parties to the use of the waters from the Virgin River System herein decreed, and do not permit the waste of water. V. None of the parties hereto shall have any right to divert and use water from the said Virgin River System for domestic, culinary, household, irrigation or for stock raising purposes, except as such right is specifically decreed herein, and then only in the amount, with the priority, and under the specific terms and conditions herein set forth. VI. All rights herein decreed to the several owners are decreed for the beneficial uses specified, and none of the parties herein or their successors in interest, their heirs, executors, administrators or assigns, shall have the right to divert any of the water of said Virgin River System, or any of its tributaries, which are included in this decree, except for beneficial use, and whenever any party or parties shall cease to use the same for beneficial purposes, such party or parties shall cease to divert said water, or any part thereof during such period of non-use; and each and every party hereto, their servants, agents, attorneys, employees, and their successors in interest are hereby enjoined and restrained from any and all interference with, diversion or use of, said water or any part thereof, except in the manner and to the extent and for the purposes provided in this decree. VII. The parties hereto and their successors in interest shall promptly install and perpetually maintain suitable and efficient headgates, control works and measuring devices at or near their respective points of diversion, or at such other points as may be designated in this decree, for the measurement of the water. Said works and devices shall be constructed and installed in accordance with the provisions of the Statutes. All such headgates, control works and measuring devices shall at all times be subject to inspection by any party to this action, and by proper officials and water masters having jurisdiction over the distribution and diversion of said water, and no dam or other obstruction to the flow of the stream shall be maintained so as to divert water from the channel of the stream, except through ditches or other works provided with such headgates, control works or measuring devices; and each of the parties hereto shall be and they and each of them are hereby permanently enjoined from diverting from the channel of the stream, or its tributaries any water through any ditch, conduit or other device not provided with headgates, control works or measuring devices. VIII. That the division, apportionment and distribution of the water of the Virgin River System, included and determined in this decree, shall be administered in the manner and under the authority of such person or persons as may be charged by law with the distribution of the waters of the State of Utah, and the costs and expense of such administration shall be defrayed as hereinafter provided, until changed or modified by any subsequent order of this Court. IX. That the various parties to this suit having right to the use of water from the Virgin River System are hereby decreed to have such rights as regards priorities, class, acreage, duty of water and amount of water as are set forth in the Schedule of Rights on Virgin River System, which is attached hereto and made a part hereof. The Schedule of Rights determining the priority, quantity, purposes, etc., under which said water is hereby decreed to the parties named herein is the amended Proposed Determination of the State Engineer, as designated in Sec. I hereof and made a part of this decree, which is as follows: |
