Comments from WR # 35-1749:



This Diligence Claim (35-1749) should be considered invalid because a previous

claim to diligence for the same water (Claim No. 481 of the Weber River

Adjudication, see page 258, V.R. Bohman) submitted in the 20`s indicated a

priority of 1906, and the standard of diligence for a surface right is 1903.

Therefore the claim was not included in the final decree as a recognizable

right, and no appropriation of the water has ever been made.



The Division of Water Rights regional office is of the opinion that all claims

to the use of surface waters dating prior to 1903 and not included in the

general adjudication and final decree (`Weber River Decree`) were barred by

said Decree. The surface source filed for in Diligence Claim 35-1749 (D758) is

tributary to and part of the Weber River System for which rights were

adjudicated in the Weber River Decree, signed by Judge Lester A. Wade June 2,

1937.  The Decree contains the following provisions referenced herein by

paragraph number found in its Judgment and Decree:



2.  That the parties hereto and as set out in the Tabulation of Water Rights

of Weber River and Tributaries, hereinafter made herein, and hereby referred

to and by this reference made a part hereof, are all those entitled to the

right to the use for any purpose of water from the Weber River System   (Page

10)

...

8D.  That except as set out in Said Tabulation, all claims to the right to the

use of water of said System are forever barred, except as to such applications

as have been or may hereafter be filed in the office of the State Engineer

which have not, prior to January 8, 1937, been finally determined to be

perfected rights, which, when and as they are finally determined to be

perfected rights shall be added by supplemental decree to the rights herein

adjudicated.  (Page 12)

...

15. That all persons, firms, associations and corporations, and all persons,

firms, associations and corporations claiming, by, under, or through them, and

their agents, servants and employees, be and they are hereby perpetually

enjoined and restrained from using any of the waters of said system, as herein

adjudicated except as set out in said tabulation with the modifications

thereof set out in paragraphs numbered 7, 8, 9, 10, 11, 12 and 13 hereof, and

all of the subdivisions of said paragraphs, and from interf