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eBook details

• Title: Piute Reservoir & Irrigation Company V.
• Author : Supreme Court Of Utah
• Release Date : January 28, 1961
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

WADE, Chief Justice. On March 17, 1957, West Panguitch Irrigation & Reservoir Company filed an application with the State Engineer for a permit to change a part of their established winter direct flow water rights to a right to store this winter water in a reservoir not yet constructed. Hereinafter we will sometimes refer to the West Panguitch Irrigation & Reservoir Company as applicant, or West Panguitch Company, it being one of the respondents and a defendant in this action. The applicant proposes to construct a dam near the mouth of Panguitch Canyon above the city of Panguitch and about 16 miles below Panguitch Lake. Panguitch Lake is also used by applicant West Panguitch Company as a water storage facility. The proposed dam and reservoir-site is above the place where applicant diverts the water of Panguitch Creek into two irrigation canals for use for irrigation and culinary purposes in the surrounding territory. Applicant proposes to store 700 acre-feet of winter waters of Panguitch Creek and use it in the dry summer months to supplement their irrigation streams. It also contends that such a storage reservoir would be of great benefit in preventing floods and disposing of silt and in other ways. Most of the water in question has for years been diverted into applicant's canals and used for winter flooding, stock watering and domestic purposes. The diversion into applicant's canals is by tight dam. Panguitch Canyon Creek is a tributary of, and when the water is not diverted, merges with the Sevier River. There is no direct aboveground return flow of the waters diverted from the creek either into the creek or the Sevier River, and only occasionally when there is unusual precipitation does the water from the creek, since the tight diverting dam was constructed, flow directly into that river.

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