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

The long pending water suit between
salt Lake city and the Power dam
companv ct al. IS practically at an
end II has been a determined and ant
mated tight The city has gained
decisive victory 1t seems, however
hat the parties defendant claim 70
no nerfectly satisfied with the decision
rendered by Judge Morse, That is very
p,easant to contemplate. When all the
contestants are delighted with the out
come. the situation Is not only eminent
is satisfactory but may be said to be
unique.
Careful, examination Of the case and
he findings, however cause some sur
prize al the Observation-Disclosures OF the
partles defendant, for II looks to an an
blased mind as II the city had come out
triumphant on every point The power
dam people claimed that one-slxth OF
he Gater flowing from the lake into
Jordan river was unapproprls ted.
and that they had right TO its use
an the year round. The court decided
that all the stream had been appro-
prated previous to the attempted
claim Of the power dam company
The city made arrangements TO OBJ
tain greater flow of water, and TO take
It out at point above the usual place
Of diversion, and the power dam peo-
Die sought to stop this by injunction
That Injunction Is denied by the pres
ent decision. This is very important TO
salt Lake City for, on the question OF
rs right TO take the water at the high
er point depends the exchange which
has long been contemplated with the
Cottonwood people for the waters OF
that fine stream.
The court decides that this city and
The canal companies having prior
rights, may impound and store all OF
the flood waters flowing from Utah
lake subject to limitations such az
tave heretofore prevailed and rights
hat are undlsputed.
The power dam people may convey to
It's power plant the waters Of the river
required to be used by claimants low
~ down the channel" but the water 90
used must be delivered "undiminished
IN quantity and unlmpaired In quality
to the river for the users below, and
to the canals OF the city and the South
Jordan company, until such time as the
city diverts It's share Of the river flow
from the place where the East Jordan
company takes, higher up the river,
and so long as the license from the
South Jordan company Is unrevoked."
But here is very important con.
sIderation. Judge Morse says further
in his opinion: ut appears from the
evidence that In order for the power
company to divert and use the city's
water II must enter upon the canal and
right Of way belonging TO the city and
take possession, to certain extent. OF
It's headgates and exercise some con-
troll over the same, and excavate the
bank OF said canal for the purpose of
connecting It's discharge fiume there
with: and II is contended on behalf Of
the city, that the right to make such
use Of the city's property can only be
acquired In an action at law brought
under the provisions Of our statutes re-
lating to condemnation Of property.
am Of the opinion that this contention
Is correct"
As TO the condemnation proceedings,
II seems very improbable that the pow
er dam people can draw very much
real consolation. Municipal rights and
usages undoubtedly prevail over priv
ate claims. Private corporations may,
under certain circumstances, condemn
private property for uses named In the
law, but public corporations stand
higher than private corporations, and
their rights cannot be invaded by priv
ate corporations for any purpose. 1t
does not appear, therefore, that the
power dam company is likely to gain
a victory over this municipality in the
proceedings now contemplated.
Altogether, we think the city may
congratulate itself over the decision
that has been rendered, and we con-
graduate the firm Of Richards and
Varlan on the result That firm has
had TO meet a dozen or more Of able
attorneys and has won its case. The
consequences to the city are Of great
magnitude and the effects win o. OK
perenced in years to come, when the
water rights and privileges which the
decision secures. shall be enjoyed and
seen in their full and complete value
However II the other parties are glad,
the public can afford to be glad that
they caa be glad under the circun-
stances