The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-04-19
Council Committee Recommends
Purchase of Adjacent Land.
SEES NO OTHER REMEDY
CONSIDERATION OF REPORT
POSTPONED TILL THURSDAY.
Committee Finds Conditions Are Bad
and 1t Is Not the Duty of Water
master to Enforce State Laws
Diehl Presents Minority
Report.

/ Had the city council last evening
reached the consideration of committee
reports, there is no doubt that a tropi-
cal time would have ensued over the
discussion of the matters pertaining
to the pollution of the waters of Par
! ley's canyon. But the lateness of the
hour forced an adjournment until
Thursday evening, when the Repuhli-
can members OF the council will again
endeavor to make a little thunder for
the goldbug party's use in the APP
preaching municipal campaign.
On the Parley's canyon water ques-
ton the majority of the committee on
| waterworks, Councilmen Allen, Fern
strom, Siddoway and Patrick, submit
ted report on the result of last
weeks inspection trip up the canyon,
and also an adverse finding on Rob-
ertson's resolution proposing censure Of
Watermaster Seldom for, as alleged,
permitting the befouling of the canyon
stream. Councilman Diehl submitted
minority report on both these mat
tiers, and as might be surmised, his
recommendations were of the anti-ad
ministration order, and calculated TO
furnish campaign material for the Re
publican party next fall.
Findings of Majority.
The majority report on conditions
found in Parleys canyon stated as fol-
lows:
We found the creek in very unsatis-
factory condition, the water very roily,
with oVergroWing brush hanging in the
water, obStructing the flow and forming a
nucleus for the accumulation of dead
leaves and other debris carried down by
the swollen stream.
We found. as reported by the city en-
Sineer, that many of the people living
on the creek, especially where the canyon
is narrow. had located their stables, cor
rails and outhOuses within 100 feet of the
creek, and in some places the corrals
opening directly TO the creek, leaving
animals free to enter the stream and
pollute the water. Many of the cDr"alS
bore evidence of having been recently
cleaned by the removal of the winters
accumulation of manure to the adjoin-
ing fields. Some of the corrals and the
premises generally were in very I'M
sanitary condition, with no possible drain
age for the refuse except toward or di-
recently into the creek. thus subiecting
the water to such pollution as to render it
unfit for culinary purposes.
While this situation is lamentable it is
satisfactory to know that since the melt
ing snow and ice drained this filth into
creek has been run into the waterworks
system, it having been entirely turned
out over month ago. The system is now
supplied exclusively from City creek and
Emigration.
While your committee finds no difficulty
in pointing out the existing evil con-
cannot so readily point out its remedy for
the following reasons: Many of the
ranchers settled on Parley's creek before |
Salt Lake City acquired any rights in its |
waters These people depend upon their |
horned stock. horses. etc, for their liV-
ing. Where there is stock there must be |
manure and other filth. To compel these |
people to remove their corralS barns. etc. |
to a safe distance from the creek is i'm |
practicable as it would take them up an |
mountain. People cannot be !
compelled to do what is impossible of ac-
complishment. The only feasible and APP |
parent remedy is to remove the cause by !
removing all settlers from the banks of |
the creek. This can only be done by the |
purchase or condemnation of their re- |
spective properties.
The law gives ample authority to the |
city to maintain the purity of its waters,
but it must be done by the enactment of |
ordinances and regulations. Your COM
mittee is unable to point to any ordin-
ance on the subject. Therefore no city
officer has authority to act in the prem
iSeS until a proper ordinance Is enacted.
Your committee do not find that any
special provision has been made looking
to the protection of the waters in Parley's
creek from pollution, by imposing that
duty upon any department of the city
government. The watermaster has not
been given nor has he attempted to eXer-
else jurisdiction other than that given in
the general irrigation laws. regulating the
protection of water rights and the di-
vision of ilrigating water to those en-
titled thereto.
While section 42T4. revised statutes of
Utah. give ample protection against the
pollution of water used in cities, towns
Or villages for culinary purposes. it con-
fers no authority upon city officers to
execute said laws. except lney have the
power conferred upon them by ordinance.
State laws can be enforced by state
and county officers but city officers. I'M
eSS SDeciallV authorized in the act so TO
10, cannot enforce state laws. Such laws
when applicable to cities must be en-
forced by ordinance.
Section of chapter xl of the revised
,ity ordinances make provision for pro
Getting the waters of City creek from
being befouled or polluted, but no such
PROVISION has been enacted in relation to
he waters of Parley's creek.