The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-08-03
FARMERS" WILL
RESTRAIN CITY
Conflict Over Use of Parley's
Canyon Water Goes to Court.
cITYS WATERWoRKS IN PERIL
HOPE OF RELIEF BY FORCING
FLOW OF THE CANAL.

an Monday morning the expected
legal battle will commence be-
tween the dissatisfied owners of
ParIey's canyon creek and the city, the
latter in the role of defendant, over the
question of exchange Of canal water
for an equivalent of canyon water, ac-
cording to the contract which has been
in force for years. The crisis would
have been reached late yesterday after
noon had Judge Morse returned from
TooeIe TO grant a temporary order to
restrain the city from taking any part
of the canyon creek flow for the pipe
system.
The complaint was drawn in the office
of Bennett. Sutherland, Van Colt &
Allison for the plaintiffs, John Gabbott,
H. F. Burton, Thomas Quayle, Harri-
son SpeTry and A. S, Gabbott. who were
chosen a committee at meeting of
the complaining residents of Sugar and
Farmers wards Thursday night to seek
a legal remedy from Salt Lake City for
the alleged grievance of the municipal
ity not furnishing the quantity of water
guaranteed them under the exchange
contract. Land and Water Commits
tendent Hines are made parties defend
ant.
In the complaint all of the matters
relating to the controversy are recited
in substantially the same manner as
has been published in The Herald the
past few days. and besides praying for
a temporary injunction upon the city
to forbid its interfering with the natural
flow Of the canyon stream down past
the intake of the Parley's conduit an
order TO show cause why the injunc-
ton shall not be made permanent is
demanded, together with judgment in
the sum of $1,000 for damages alleged
to have been suffered by plaintiffs by
reason of the city failing and refusing
to furnish the guaranteed volume of
S,S00,0O0 gallons daily, until the next
measurement on Aug. Is, 81, 900 for at
torneys' fees and 5000 costs.
City Ready to Meet the Issue.
If the temporary restraining order
is issued as prayed for. it will result
I'm the city's pipe distributing system
being cut dowl to half supply of
water. Officials of the city have been
preparing to meet the issue and the
effort will be made by them to induce
the court to make the order to show
cause for injunction returnable with
out delay, as the Importance Of the
question to all of the people of the city
viii demand a speedy settlement. if
possible, for there is nothing so vital
TO them as having an adequate supply
of water for domestic uses at this sea-
son of the year.
For several days past the city Off
Gals have been yielding at least hall
of the flow of Parley's creek at the
peril of the town for the purpose OF
placating the few complaining residents
of Sugar and Farmers wards who
maintain that they are in distress from
the failure of the canal to deliver water
TO them as provided for under the con-
tract for exchange, although it will be
denied by the city that there is any
distress in the complaining locality
While admitting that the municipal
ity has the short end of a contract
which inures largely to the benefit o.
the farmers" the officials concerned
declare that the city is doing its very
best to fill its part of the contract and
deplore the fact that it cannot abandon
the contract entirely, because to do 81
would leave the pipe distributing sys
tenn with only half supply.
Relief in Sight in a Week.
However, the contract provides tina
whenever the city can furnish an equa
amount of canal water in exchange TO
canyon water it may resume the use o
canyon water for the pipe system 8
any time within six months from tn
date the contract became violated ii
the first instance. With this saving
clause in view, the hope of the cit,
officials is that the court viii requir
Commissioner j. Fewson Smith t
apportion to the city canal from Jor
dan river all of the eleven secOnd-fee
recently purchased from the Utah Mat
tress company. This will help material
ly, but a greater relief viii be afforde
in the successful operation of tn
pumps at the outlet of Utah lake.
1t is expected that within a week
two of the four pumps viii be working
which ought to increase the canal tioN
TO normal. However. the farmers" o
Sugar and Farmers wards will be emit
tied to less water after Aug. Is, an
by that time it is believed that ther
will be no question about the city fill
ing the exchange contract without de
priving the pipe system of any part c
the flow of Parley's creek
Bishop Gardner of Spanish Fork Wa
in this city yesterday endeavoring I
work up a sentiment in favor of divert
ing a part of the flow of Duchesn
river at flood time and in winter int
the Provo and thence to Utah lake I
be stored for irrigation necessities tn