Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-11-28


II the PARTY Of the first part shall AZ
any time hereafter fail 10 deliver to the
party Of The second part al the point or
points above mentioned thl fun guam
tlty Of water which II above provided
shall be delivered 60 the party OF the
second part by the party OF the first
part and provided that II said default
shall continue f0r a period " ~ hours,
then and In that event the party OF tho
second part shall have The right to lm-
mediately retake and shall be lmmedi-
ately restored To the waters Of said Big
cottonwood creek which are being USED
by the party Of the first part under tho
terms Of this contract, and for the pur-
pose of retakIng and again using the
said water the party Of the second
part shall have the right TO Immediately
return the waters of said Big cotton.
wood creek into the original channel Of
said creek, and shall have the right 10
the use OF said water during all the
time that said default shall continue
and said right may be exercised by the
party OF the second part as often as tho
party Of the first part shall be In de-
fault.
1T Is expressly understood and agreed
however that upon any failure OF the
party OF the first part to deliver TO the
party Of the second part the full quan-
tlty OF water above provided 10 be de-
llvered TO the party Of the second part
for a period Of six months all Of tho
rights OF the parties OF the first part 10
the use Of the waters OF Big Cotton
wood creek now belonging TO the party
OF the second part shall, NJ the option
Of the party Of the second part, lm-
nedlately cease and terminate, and the
rights VI the party Of the second part
Ia the use OF the waters OF Big Cotton
wood creek, above granted 10 the party
OF the first part shall thereupon be
Immediately vested IN the party Of the
second part as fully ana completely
as though this contract had never been
made.
"The right Of the party Of the first
part 20 retake the said waters Of Big
Cottonwood creek, and the right Of the
party OF the second part 10 terminate
the rights OF the first party hereunder,
shall and II hereby declared TO be @
cumulative remedy and shall In no
wise be construed 10 deprive the party
Of the second part OF any remedy at law
on In equity which the party Of the
second part might otherwise have TO
enforce It's rights under this contract"
| consider the proposed conditional
agreement unwise, and fraught With
great danger 60 the municipality
The allegations made concerning the
water supply Of Utah lake, particularly
what Is termed the seepage or UNDER
flow, are totally inaccurate
They were no doubt obtained from
the first estimate submitted by the
United states geological survey This
estimate has been revised and corrected.
Report made by the United States ge-
illogical survey for the year ending
August g. 1904, shows that the streams
flowing into the lake that could be
measured--thirty OF them IN all-show
total inflow OF i7l,liO acre-feet. The
unmeasured supply coming from
springs, seepage and other sources
where Il was Impossible to make meas
urtments shows an inflow OF 1880 acre.
fct Total inflow, 6Oi,0l0 acre.feet,
II will be seen from this report that
rs per cent Of the inflow is obtained
from streams aud only q per cent from
springs seepage aud other sources.
No prudent man would eXpend In his
own behalf, or advise this municipality
to eXpeud, sSjO,OOO IN any such hazar-
dous undertaking,
DOOLY is OPPOSED.
We do not obtain absolute title to
one gallon OF water or aught else for
our expenditure Of $4,000, except the
conduit and is appurtenances
Again, / am opposed TO the prosecu-
ton Of the great enterprise By the city
council the personal OF which is con-
tlnually changing, ana as a consequence
requiring new, untid and inexperi-
enced men to solve the many engineer
ing and financial problems that will
inevitably beset the way before the
work Is finally completed.
II we were assured that the present
city council and board OF public
works would remain IN Office during
the progress OF the work, this objec-
ton would lose It's force but under the
existing municipal system their con-
tinuance IN authority Is a contingency
too remote for consideration. am
therefore In favor OF following the eX-
ample OF the most progressive of our
sister cities Of the United States, where,
when large sums Of money are 70 be
expended FOR specific municipal inn
proyements the entire control OF the
work and the expenditure Of the funds
used In lis prosecution are placed IN the
lands of carefully selected board or
commission. non-partlsan IN character
and continuing In office during the life OF
the work. Thus a continuance and com
prehensve policy is pursued and the
experience gained during the early days
OF the work proves Of incalcuablc value
during the remainder of It's progress.
Many suggestions on notifications
could be made, but inasmuch as the
committee is only requested to approve
the plan submitted such suggestions
would be manifestly impropr. Respect
fully submitted, JOHN h. DOOLY.