Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-12-30
Latter Remove Most Objections
Raised in City as TO Big
Water Deal
TWO IMPORTANT MEETINGS,
Taking Away Of Obstacles Should
Assure the Successful Carrying
0ut Of Huge Undertaking,

y utNihlNN hl'N hDOhlN NAt HlNiNhNN
solution Of the yoxng water problem
was taken yesterday when at meet
Ing between the attorneys for the city,
and representatives Of the canal COM
panIes, Il was decided to make Inn
portant notifications to the proposed
contracts.
The agreement as amended does away
with objections raised against the
scheme on the grounds hat II ls un-
fair 10 the city except In one case,
article nine, 10 this article the farm
ors would permit no alteration, II
provides the penalties which the city
shall pay in case OF failure to provide
water for the canals from the Utah
lake, which penalties the farmers con-
slider necessary Tor their own protec-
ton.
The amendments FIX the maximum
amount Of water to be furnished as nf-
ty-hye second feet while the previous
agreement LETT the amount indefinite,
simply stating that twenty-five per cent
more water was to be furnished than
the county now gets from Big Cotton
wood. Under this old contract there
was a possibility Of demanding 800 sec
ond feet.
II was also decided that the city
should not be liable 10 damage suits
and that the third member of the board
OF water commissioners shall be APP
pointed by the governor Of Utah, or
some other DISTINGUISHED party.
WHAT CHANGES ARE.
The changes were agreed upon az
meetings held IN the Mil Creek meet
inghouse. The first meeting was with
the directors OF the Big Ditch Irriga-
tion company at If o'clock In the
forenoon Representing the city were
Aehby Snow and James &, Hamilton,
and the canal company by James G.
Hamilton, president j. A. Cornwall
secretary; NJ. M Miller. Joseph r.
Carlisle, Peter Gordon, and S, A. Corn
WALL
AS AMENDED,
The object Of the meeting was stated
by President Hamilton, after which an
informal discussion occurred rcsultng
IN motion by S, A. Cornwall, author
ling the president and secretary to
make the desired changes. These
changes relate TO articles two and five
Of the agreement, which. as amended,
read os follows
2. The party Of the first part IN con-
slderatlon Of the covenants OF the party
Of the second part, hereby agrees with
the party Of the second part that II,
the party OF the first part, VIII per-
petually and continuously deliver 10
the party Of the second part from the
first day Of April until the first day Of
October Of each and every year hereaf-
ter for the use OF the party of the see-
ond part, at the place or places here
matter provided, continuous stream
or flow Of water, which stream or How
Of water shall be equivalent to 7i-201
Of the water flowing In said Big Cot
tonw0od creek as shall from time to
time be determined by the measure
ments hereinafter provided FOR (pro-
vided, however, that the party Of the
first part shall never az any time be
required 10 deliver 10 the party OF the
second part q stream or flow Of water
running more than 30 cubic feet per
second), and which said water shall be
suitable for the purposes OF irrlgatlcn
and during all OF the remainder of each
and every year hereafter. the party OF
the first part agrees to deliver to the
party Of the second part a stream or
flow of water which shall be equivalent
20 1850 Of the water flowing IN said
Big Cottonwood creek, as shall be de-
temined by the said measurements.
8. On or before the 9TH day OF Janu-
airy OF each and every year hereafter 81
board OF three commissioners shall be
chosen in the manner following, to-wlt:
one Of said commissioners shall ba
chosen by the party OF the FIRST part,
and one shall be chosen by the party
OF the second part, and the two parties
so chosen by the parties hereto shall
choose the third member. provided,
however II the members so chosen by
the parties hereto fail for period OF
10 days TO choose third member then,
and In that event, the said third menu
Der shall be chosen by the governor e
the State Of Utah, which member shall
not DO n resident Of Salt Lake City,
nor q property owner In Salt Lake city;
and provided further, that Il either Of
the parties herto fails to choose mem-
Der on or before the 9Th day Of january
Of each and every year hereafter. then,
and In that event, the other party here
10 shall have the right to choose three
disinterested persons, who shall consti-
tute said board OF commissioners,
When the said board OF commissions
ors shall have chosen az above proyid-
cd, the said commissioners shall have
the right TO exercise and perform the
duties and powers herein conferred up
on them until such time as their sue
cessofs shall be chosen. The decision OF
any two Of said commissioners upon
any question or matter which they are
empowered TO decide shall be binding
and conclusive upon each OF the parties
hereto
Il shall be the duties OF he sald com.
f1issoners 20 measure the waters flow-
ing In said Big Cottonwood creek 90
the times and places above mentioned,
and they shall also within two days OF
the date Of making each of said meas.
urements report TO each OF the parties
hereto the total quantity Of water by
them found flowing In said creek, and
The finding OF said commissioners as to
the quantity Of water flowing I'm said
creek shall, for the purposes OF this
contract be considered as the quantity
Of water flowing therein, until the time
FOR the next succeeding measurement
And the president and secretary are
also hereby authorized and directed 70
add to said contract, as paragraph 10
thereof the following:
10. II at any time hereafter the right
ot the party Of the first part 10 the use
OF the water OF Big Cottonwood creek
shall be fully and perpetually terminal
Cd the party OF the first part shan not
be liable TO the party OF the second part
Tor any damages accruing after the
date Of such perpetual termination
ALSO AGREED
The Big Cottonwood Lower canal