The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-06-02


national irrigation law expressly pro-
IectS and recognizes vested rights
which have accrued under the laws Of
the state, with a broad and liberal con
structiOn of the statutes. the canal
companies might perfect their addition
al water rights by having the govern
ment do all the work and let the city
and the canal companies pay it for the
benefits they derive. This would SIM
pity the matter in every particular as
all the water would then go 10 the
canais for distribution among the
stockholders and the payments viii be
made BY the companies and the city
directly to the government.
The canal companies being all sol
vent and their properties unencumbered,
there can be no question as TO their
ability to give any reasonable security
that may be required.
Question of Consolidation.
1T is also desirable to know whether
II viii be necessary for the canal com
panies desiring to perfect their addi-
tlonal water rights to effect a cOnsoIi-
uallon of their interests into one com
pany, or whether the government would
deal directly with each company for
the water taken by it. OF course, the
city being a public corporation could
not effect a merger With the canal COM
panles, as they are private corpora
tions.
When these vested rights are dis
posed OF there would still remain vast
quantity of water in the reservoir de-
pending, of course. upon its size and
capacity. to be used in the reclamation
of large areas of land which have never
yet been irrigated and which are de-
pendent upon the water OF Utah lake
Tor irrigation. 1t would then be a sim
pie matter to organize a water users
association, bringing in all the land
owners and making the water appur-
tenant to the land Under the laws of
Utah the water which is owned by the
canal and irrigation companies and by
the city is not appu-tenant to any par
ticular land.
Water in Three Glasses.
With such an Interpretation of the
law as is here suggested, the watef
would consist of three classes:
F1rst-The water representing the
quantities that have heretofore been
used by the city and the canal compa-
MES, and for which the government
would not be entitled to receive pay.
Second-The additional water ac-
CURED by the city and canal companies
under their several appropriations for
winch the government would receive
pay.
"Third-The remainder OF the water
IN the reservoir, which would 20 to the
members Of the water users assccia-
tlon and become appurtenant to the
lands upon which it is to be used, and
for which the government would be
paid"
In summing up, Mr.. Richards submit
ted the following to the secretary of the
interior:
''First-That this commission receive
official recognition and such arrange
ments be made that the officers Of the
department in immediate charge of the
work viii consult the commission when
ever practicable, concerning details of
interest to Utah.
Second-That the recommendations
Of the commission regarding the prime
Importance of water storage in Utah
lake be given due weight and that work
upon this important matter be taken
up at the earliest practicable date.
''Third-That if, in the judgment of
those in charge of the matter. the work
connected with the Utah lake is of
such magnitude, or involves such COM
pncations that rapid progress cannot
be made, then attention be also given
TO some other or more simple project
but without prejudice or delay to the
work on Utah lake.
''Fourth-That physical facts as re-
able and utilized, and as to the amount
Of water which might be available IN
der the best possible conditions, be as
certained
''Fifth-That the extent be estimated.
to which lands now arid and without
water may in the future be irrigated.
Claims and Rights of City.
'Sixth-That the claims and rights
OF the city of Salt Lake to waters not
now available, in years of drouth and
TO increase its water supply as herein
before stated, be recognized and plans
be made by which lake water may be
exchanged for the water Of mountain
streams to be used for municipal pur-
poses and domestic use Of the inlab-
itants OF the city while the lake water
is utilized to the largest possible degree
in the extension Of irrigation.
'Seventh-That it may be determined
under the national law of June II, 1902,
that existing canal and irrigation COM
panies can be dealt with as representa-
tives of individual irrigator and resi-
dent land owners and whether IN so
doing q merger of the companies is nee
essary.
Eighth - That the waters now
claimed by these canal and irrigation
companies but not available, in years Of
drouth may be secured to the compa-
MES through the payment of the work
necessary for this purpose
''Ninth-That if this can be done IT be
determined what kind of security will
be required by the government to in
sure such payment.
"Tenth-That the amount Of water
which may be utilized for the reclama-
ton of lands, now without such water
supply, and the conditions under which
an association of water users may be
formed TO reclaim these lands, may be
determined"
The report and this recommendation
to the government were heartily en-
dorsed by the commission.
Banks June clearance Of millinery
today. 11s Main street.
Announcement.