Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-06-02

JORDAN river, TWIN certain limitations
which are not material here), and hold
and save the same for future use TO the
extent which In their judgment their In
terests might require, and that as be-
tween themselves the city and the ca
nal and irrigation companies should
have an equal right to the use Of all
such waters to the extent OF thecapacity
Of their several canals and while there
was sufficient water for that purpose
might each take the full quantity OF
water their respective canals would
carry, and when water was insufficient
to m all the canals to their maximum
capacity then the city and canal and
irrigation companies should be entitled
to an equal division thereof, provided
that II by such division one-tifth OF the
water should exceed the capacity of
any Of the canals such excess might
be used by the remaining canals as
had the capacity to take the same In
equal proportions.
Most of the time since 1882 the city
and the canal and irrigation companies
have had sufficient water 70 I'll their
canals during the irrigation seasons Of
each year In 1855, 1859 and 1890, and
in 1859, 1900, 1901 and 1902, however
there was scarcity Of water and all
OF the parties suffered I'm consequence
Of the insuhlclency thereof
UNAPPRoPRIATED SURPLUS,
on the 18th Of January 1900, a notice
Of water appropriation was posted for
the use and benefit Of the city and
its inhabitants by which II approprlqt'
ed all Of the unappropriated and sur
plus waters flowing into, arising from
and flowing out OF Utah lake and the
Jordan river with their natural sources
Of supply for the purpose of storing
said water In Utah Lake TO the extent
Of filling said lake as q reservoir and
maintaining the same TO a height OF
five feet above the present compromise
level, which is 39ia inches above low
water mark, and claimed flow OF 800
cubic feet ner second; and on the 3Oth
day Of January, 1900, second notice
was posted on behalf Of said city by
which II acquired the right to straight
en- and dredge the channel OF Jordan
river, 50 that its bed would have II
uniform grade as near as may be, be-
tween the lake and the head Of the
East Jordan canal, the dredging to be
Of such depth as would enable the city
to utilize and draw of through the
canal ~ feet OF water from said lake
below the present low level being an
approximate flow Of 400 feet per second.
In aid of these appropriations, on the
18th Of January, 1900, Salt Lake City
made application for a reservoir site In
Utah lake under the act Of Congress
Of March 3, 1891 (26 Stats. l095), by Ill
ing a map, field notes and other data,
with the register Of the United States
land Office at Salt Lake City, as re-
quired by said act and the rules Of the
department Of the interior concerning
the location Of reservoirs. 1t was
found by the department that some
further data was required before the
map could be approved. and, as the
question of national aid In the estab-
lishment OF reservoirs, was then being
discussed the matter was left In abey
ance to see what action, If any, would
be taken by the government.
FOR CITY AND CANALS.
The appropriations were made by the
city for It's own use and for the bene-
III of its associates, the said canal
and irrigation companies, and several
thousand dollars have been expended
towards perfeoting the appropriations
At the time the original appropriations
were made the laws Of Utah
did not require any notice to be filed
or recorded; the construction
Of the canals and use of the water
being recognized by the courts as
sufficient to give title to the water
used This was so prior to 1898, but
since that time notice has been re-
quired in order to have the title to the
use Of the water, when completed, re-
late back to the time Of filing the no.
tlce.
on the 2Sth day OF July, 1902, George
c. Lambert, Jr,. filed a notice of APP
preparation claiming 1000 cubic feet
Of water per second 10 be pumped from
the lake and used for the irrigation Of
lands lying under the aforesaid canals
and such extension thereof as might be
made; also for furnishing electrical
power and other beneficial purposes,
Since said notice was filed and recorded
over $50. 10000 have been expended in the
erection Of a pumping plant and other
works for perfecting the appropriation
and the rights of the appropriation have
been transferred to Salt Lake City and
the said irrigation and canal com
panles, who are nov the only parties
Interested In the appropriations and en-
titled to whatever rights and bene-
fits accrue therefrom.
AS VESTED RIGHTS,
So far as the canal and irrigation
companies are concerned the import
ant question affecting them Is how the
government will recognize and respect
their claims as vested rights. The ag-
gregate capacity Of all the canals is S2S
cubic feet per second, and, when the
water is at compromise level in the
lake the flow Of the Jordan river Is APP
proxlmately 500 cubic feet per second.
While there has been sufficient water
to iii all the canals during most OF
the irrigation seasons since 1882, dur
ing the exceptional years above mem
toned the flow Of the river has not eX-
oeeded 500 cubic feet per second. and
during the last two years II has been
considerably less than that, which ne
cessitated the establishment OF the
pumping plant
TO INCREASE SUPPLY.
1nasmuch as the city and the canal
and irrigation companies have acquired
the right. under the laws OF Utah, to
Increase their water supply by enlarg-
ing tine storage capacity OF the lake,
and thereby secure a constant supply Of
water sufficient TO keep their canals full
during each and every irrigation sea-
son. the question Is, whether the gov
eminent will do this work for the COM
panles and 80 perfect their additional
water rights and have the companies
pay them for so doing, While the city
and canal and irrigation companies
have the right, under the local laws
and existing conditions, to do the work
themselves which is necessary to per-
feet thoir water rights and secure
SNAP, PUSH AND GO
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