OCR Text |
Show /ec. Of the Int. -5- Whiterocks River. Four separate filings were made on this stream for the Indians between the dates of June 12 and 16, 1905. The total amount of water applied for was between tv70 and three hundred second feet. If the Uinta River Irrigation Company should concede to the Indians prior rights, it would be compelled to take second place until the need3 of the Indians were supplied, except in the extreme low water stage in Whiterocko River, when, Jn accordance with the State lav/, the rights of all users from the stream would be deemed to be equal in priority, and the water would then be pro-rated to the said users. This provieion of the State Code would be advantageous to the Uinta River Irrigation Company should it concede to the Indians its priority, since it could not bo entirely deprived of water during the low water period. Second. •T3~Tt proposed that we shall transfer our Company's righto to the twenty-fivo socend feet of water to the Indians, provided at the end of five years they have made a beneficial use of the water for that period?" If, by the expiration of the five year period, the Indians have made beneficial use of the waters, they wculd then be entitled to claim prior rights under the form of agreement suggested. Third. "'.That is proposed in the event that the Indiana should uso only a portion of tho twenty five foet during the five year period? Would the part of which they did not make beneficial use be transferred to our Company at the end of the i'ivo year period?" The Indians, or their le3oeec, con only establish bona-fidc claims to perpetual water righto of firtt priority by making actual beneficial u.-.e of the water. If thoy fail to make use of any certain portion of their appropriations within the specified time, and a subsequent appropriator makes such beneficial use of it |