Utah Division of Water Rights

1896 McCarty Decree and Summons





          IN THE DISTRICT COURT OF THE SIXTH JUDICIAL DISTRICT, IN AND FOR THE
          STATE OF UTAH AND COUNTY OF KANE.

          Richard S. Robinson,                                   :
                               Plaintiff                         :
                                                                 :
                                        Vs.                      :
                                                                 :
          Julius Mackelprang, German Buchanan, Fred Jackson,     :    SUMMONS.
          Joseph Chatterly, John W. Glazier, Chas. B. Shumway,   :
          Hyrum S. Shumway, J. E. Chesley, Cawthra Greenhough,   :
          Joseph Humphries, and James Glover,                    :
                                             Defendants          :



          THE PEOPLE OF THE STATE OF UTAH SEND GREETINGS: To Julius
          Mackelprang, German Buchanan, Fred Jackson, Joseph Chatterly,
          John W. Glazier, Chas. B. Shumway, Hyrum S. Shumway, J. E.
          Chesley, Cawthra Greenhough, Joseph Humphries, and James Glover,
          Defendants, You are hereby required to appear in an action
          brought against you by the above named plaintiff, In the District
          Court of the Sixth Judicial District of the State of Utah and
          County of Kane, and to answer the complaint filed therein, within
          ten days (exclusive of the day of service) after the service on
          you of this summons if served within this County; or if served
          out of this County, but within this district within twenty days;
          otherwise within forty days or judgment by default will be taken
          against you, according to the prayer of this complaint.  The said
          action is brought to determine a claim made by you adversely to
          this plaintiff, in and to the waters of Johnson Run, (comprising
          the waters of Johnson and Flood Canyons and springs along said
          streams) situated in Johnson Precinct, County of Kane, State of
          Utah, and fully described in the complaint on file herein, and
          that you be required to produce your title if any you have to
          said water, and that the same and the pretended claim, right,
          title and interest of you to said water and every part thereof
          may be adjudged and decreed to be invalid and void; that you may
          be barred of and from all right, title and interest to said water
          and every part thereof, and that plaintiff's title may be
          adjudged to be a good and valid one as against you, and for costs
          of Court.

          For fuller particulars reference is made to the complaint on file
          herein.

          And you are hereby notified that if you fail to appear and answer
          the said complaint as above required, the said plaintiff will
          apply to the Court for the relief therein demanded, and
          costs of suit.

                              WITNESS the Hon. W. M. McCarty, Judge, and
                              the Seal of the District Court of the Sixth
                              Judicial District, in and for the State of
                              Utah and County of Kane this 8th day of May
                              A.D. 1896.

                                        (signed) Joel H. Johnson

                                                                 Clerk.







                     IN THE DISTRICT COURT SIXTH JUDICIAL DISTRICT.
                               Kane County, State of Utah.

             
   

           Richard S. Robinson, plaintiff,
                     vs                             Judgment
           Julius Mackelprang et al ,defendants.



                This cause, coming on for hearing, on the 25th day of May
           1896, the regular May term of this court held at the city of
           Kanab in the county of Kane, and State of Utah; the plaintiff
           appearing in person and by attorneys H.E. Bowman Esqr, and J.F.
           Brown Esqr, the defendants appearing in person, and by attorneys
           W.P. Sargent Esqr, and J.B. Jennings Esqr; both parties
           announce ready for trial.
                The cause was submitted to the court upon the complaint,
           the Cross-complaint and answer, and the evidence of the parties;
           the court after the hearing of such testimony, the arguments of
           the counsel, and being fully advised in the premises ( the finding
           of facts and conclusions of law) having ben waived by the parties)
           renders the following judgment, to-witt:
                It is ordered, adjudged and decreed that, the plaintiff is
           the owner of and entitled to the use of one third (1/3) of all
           the waters flowing in or along a certain water course or channel
           described in the complaint herein as "Johnson's Run", at a point
           in said channel (where defendant Buchanan's Dam is constructed in
           said channel (where defendant Buchanan's Dam is constructed in
           said channel), from and after the first day of October in each and
           every year, up to and including the first day of April in each
           and every year, and a sufficient amount of the high and surplus
           waters of said stream to fill his ditch leading from said channel
           to a certain Reservoir owned and controlled by him, as described
           in his complaint herein , and to keep said Reservoir filled to its
           full capacity during such period or periods as there are high
           and surplus waters in said water course or channel.
                And it is ordered, adjudged, and decreed that the defendant
           German Buchanan is the owner of and entitled to the use of two
           thirds (2/3) of the waters of said stream or channel during said
           period in each and every year, commencing on the first day of
           October, and terminating on the first day of April; and it is
           ordered, adjudged and decreed that the said German Buchanan is
           the absolute owner of and entitled to the exclusive use of all
           the waters of the said stream or channel from and after the first
           day of April up to and including the 30th day of September of
           each and every year, or so much thereof as any be necessary to
           fill his ditch to its present full and carrying capacity.
                And, it is further ordered, adjudged and decreed by the court
           that said stream of water shall be divided between the said parties
           last above mentioned as follows, to-wit: the said plaintiff
           shall be entitled to the use of the whole of the stream for
           the period of one week, commencing on the first day of October
           1896 (and every year thereafter) and at the termination of said
           period of time (one week) the defendant German Buchanan shall be
           entitled to the use of the whole of said stream for the period of
           two weeks, and thereafter alternately, up to and including the
           first day of April 1897 ( and every year thereafter).
                And it is further ordered, adjudged and decreed that the said
           defendants, and each of them, their agents, servants, attorneys,
           and all persons acting under them or either of them are hereby
           perpetually injoined restrained and prohibited from in any manner
           interfering with plaintiff's right to the use of the water here-
           inbefore mentioned, as hereinbefore defined and adjudged.
                And it is further ordered, adjudged and decreed, that the
           plaintiff, his agents, servants, attorneys, and all persons acting
           under them or either of them are hereby perpetually injoined,
           restrained, and prohibited from in any manner interfering with
           the defendant German Buchanan's right to the use of the said
           waters hereinbefore mentioned, as hereinbefore defined and adjudged
                And, it is further ordered, adjudged, and decreed that, the
           plaintiff do have and recover his costs herein expended from the
           defendants and each of them taxed at ____________________________
           dollars and _____________________ cents;, except the said defendant
           German Buchanan, against whom the judgment for costs herein does
           not apply,                         Dated this May 26, 1896.



                                          (signed) W.M. McCarty
                                              District Judge.