The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-08-23
SUIT TO SETTLE
WATER DISPUTE
City Asks For It's Rights in
PsTley's Canyon.
LEGAL QUESTION INVOLVED
TROUBLE AT ONE TIME THREAT
ENED SERIOUS CONSTITUENCIES.

suit was commenced in the district
court yesterday by Salt Lake city
against the Pleasant View Irrigation
company. the board Of corrections Of
the state prison aud others TO settle
the dispute over the alleged rights OF
the plaintiff and defendants to the Wa
tiers of Parley's creek. This suit IS
especially to settle neat legal ques-
tion involving the claim of the city TO
all of a certain amount of water over
and above the amount stipulated in the
contract between The plaintiff and de-
PENDANTS. which amount the city claims
to have secured by purchasing indi-
vidual water rights after the contract
was made.
The dispute over this alleged right
has caused considerable trouble with
the city's water supply and at one
time It resulted In the complete shu--
ting off of the supply from that source.
The matter was ,arried into the courts
at the time and an injunction was
granted against the city, forbidding
them to use the water. Now the city
has come forward with a demand that
the dispute be finally settled. that its
rights be established and that the de-
PENDANTS be restrained from taking
water claimed by the city and from in
terfering with the measurement of the
waters in the future.
Defendants in the Case.
Besides the Pleasant View Irrigation
company. there are named as defend
ants in the action Governor Heber NJ.
Wells. Fisher 5. Harris. Elias A. Smith
and Charles Read as members of the
board of corrections of the state prison;
and Samuel lockwood, w. c. A. Smoot.
J. D. McGhie. George Crismon, Paulis
lockwood, Kristen Hansen. Joseph
Hansen. John A. Carlson and Edward
H. Airs.
According to the contract between
the city and the defendants certain
amount Of water from the Jordan river
was exchanged for SO per cent of the
normal flow of PaTley's creek, and the
defendants were TO have the other is
per cent. and the water was TO be
measured at the city's intake in the
canyon. It IS further set forth that
after this contract was made. the city
purchased private water rights above
the intake to the extent that the flow
Of the creek at low water was increased
80 1-3 per cent.
Now the city claims that this increase
in the flow is over and above the entire
amount affected by the contract with
the defendants and as it has been Sc
cured by purchases made by the city.
all Of it belongs to the plaintiff and the
! defendants are not entitled to any part
of it. This increase is estimated at
| about 4S69.277 gallons every twenty
/ four hours.
Flow of the Greek.
The complaint sets forth that the
normal flow of the creek. as recognized
/ when the contract was made. was s.
! 1880 gallons every twenty-four hours.
I OF this amount the city claims, by con-
tract. 7.156.00O gallons each day. and it
! Is claimed that the defendants are en-
| titled to only 1,f56,S3O gallons per day.
But it is set forth that the defendants
nave been and are taking more than
this amount and are claiming is per
cent Of the total low, including the in
crease of 30 1-3 per cent, which the city
! claims to have added by its own pur-
! chases. 1t is further alleged that the
/ DEFENDANTS have been and are interfer-
/ Ing with the measurement Of the water
and are taking that which does not
! belong TO them.
In view Of this the city asks that its
\ Title 70 the water as claimed by IT be
established permanently, and that the
/ defendants be enjoined from taking any
/ part of this water or interfering in any
Way with the measurement of the flow
as made by the city at its intake in the
/ canyon