Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-05-06

counsel for the city also claiming that
these rights OF the city were not sub
ject to condemnation 1t being pubic
corporation. and rs water and canal be-
ing used for municipal purposes.
The court decided that the Power
company might use the citys water
so long as snid city shall continue to
divert It's water 1T It's present point OF
diversion, and use the same at It's pres
ent place OF use" but, THE city has
the right 10 have the question as TO
whether such property Is the proper
subject Of condemnation submitted to
the court on pleadinga and proof prop
erly presenting such an issue, and 10
have the question Of damages arising
from such taking and use submitted to
and determined by jury before the
Power company can use the water at
all. SO IL viii be seen that the decision
upon this point is strictly in accordance
with the city's contention.
The other important point at Issue
between the city and the Canal COM
panles, on the one side, and the Power
company on the other side, was the
question OF whether or not, there was
any unappropriated waters In the Jor-
dan river at the time that the Power
company attempted to make It's ap-
preparation, and how far the city ana
canal companies had a right to Inn
pound waters In Utah lake. The court
decided, that salt Lake city, the Utah
and salt Lake Canal Company. the
East Jordan Irrigation company. the
South Jordan Canal company and the
North Jordan Irrigation company. are
entitled TO decree awarding to them
subject TO the limitations, hereinafter
set forth the right to the use Of all OF
the balance OF the waters OF the Jordan
river for Irrigation, culinary and do
nestle purposes. to the extent OF the
capacity of their several canals, and
the right TO impound and store all Of
the waters OF said river in Utah lake,
and 10 have their title thereto Quieted.
The limitations above referred to are
that the city and the canal companies
shall, at all times allow 60 flow un-
impeded, down the channel Of the
river sufficient quantity OF water
which, when added 20 the accretiona
to the river and other sources, VIII
furnish. at the various points OF d.
version and measurement the several
quantities of water awarded TO
the West Jordan Milling and Mercan-
tile company. the Utah Mattress and
Manufacturing company, the United
States Mining company, William Coop
err and Bennion and Bennion for the
operation of their several mills and
factories, aggregatng in amount III
second feet Of water From this guam
tity, the 40 second feet, awarded to
Bennion & Bennion, should be deduct
ed, because they use the same water
that has previously been used By the
West Jordan mill and the mattress
factory This would leave 81 second
feet OF water in the river, Including
the seep0ge. which, az appears from
the testimony, at the lowest season,
has been more than 40 second feet, and
so less than 40 second feet of water
would run down the river past or
through the power plant, when Il claims
that double that quantity is required
to run It.
Hence, It viii be seen that the rights
OF appropriation and storage. which
were claimed by the city and the canal
companies, have been fully recognized
by the court, and Judge Morse, 10 ex-
press terms, denies the application Of
the receiver for an Injunction against
the city aud the canal companies, 20
prevent them from storing the water
and requiring them 20 allow contlnn-
Gus Gov through the power plant or
course. the question pf storage does
not apply to the irrlgatlng season be-
cause at that time the parties are
obliged to use the water for irrigation,
and, consequently. there has been sufii-
cient running down the river to supply
the power company.
The decision is certainly In favor Of
the city upon every material point and
Il IL very gratifying 10 know that the
power company Is SO easily satisfied