The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-12-30
FARMERS YIELD
VITAL POINTS
Action on Water Deal by Big
Cottonwood Canal.
AGREE TO CHANGE CONTRACT
CONCESSIONS MADE THE CITY
ON MEASUREMENTS.
AGREE TO CHANGE CONTRACT

Lake City which viii remove the
principal objections raised against the
city council water scheme. They agree
10 the hSing Of the maximum limit on
the water they are to receive under the
exchange, and they agree TO the ap-
pomtment of the third water commits
sioner by the governor of the state or
some other disinterested party. They
also agree to a modification Of the dam
age clause of the contract. but this last
MODIFICATION is Of little importance
The inst meeting Of the day was
held with the directors Of the Big Ditch
irrigation company in the Mill Creek
meeting house at II O'Clock in the fore
noon Ashby Snow and Moses ".
1Aylor Were. present from the city.
James &. Hamilton, president Of the
company; j. A. Cornwall. secretary. NJ
NJ Miller, Joseph r. Carlisle. Peter
Gordon and 5. 4. Cornwall were pres
I ent Tor the canal company. The object
or the meeting was set forth I'm a talk
by the president. Mr. Hamilton. and a
discussion followed. The result of the
discussion was that a motion made by
y A Cornwall authorizing the presi-
dent and secretary 10 make the modI-
hcauOnS agreed upon was adopted
unanimously. The changes relate to
articles two and five Of the contract.
Limit of Water Fixed.
These after the notifications viii
re- al as follows:
The party OF the first part, in con-
81 deratiOn of the covenants of the party
o ( the second part, hereby agrees with
he party Of the second part that il, the
party of the first part, will perpetu-
ally and continuously deliver 10 TIE
party OF the second part from the first
1 day Of April until the first day OF
October Of each and every year here
after, for the use Of the rarty Of the
second part, at the place or places here
| matter provided. a continuous stream
| or flow of water, which stream or flow
4 OF water shall be equivalent 10 1920 OF
/ the water flowing in said Big Cotton
/ wood creek as shall from time TO time
| be determined by the measurements
/ hereinafter provided for, provided.
/ however, that the party Of the first part
| shall never at any time be required 10
( deliver to the party OF the second part
/ a stream or flow Of water running
I more than thirty-five cubic feet per
! second, and which said water shall be
suitable for the purposes of irrigation.
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 eguivaI-
J ent to l.6O OF the water flowing i'm said
] Big Cottonwood creek. as shall be de-
| termined by the. said measurements.
/ 'On or before the 5th of January or
! each and every year hereafter board OF
] three commissioners snail be chosen In
] the manner following, tO-Wit- One OF
/ said commissioners shall be chosen by
/ the part of the first part and one shall
4 be chosen by the party Of the second
| part, and the two parties so chosen by
I the parties hereto shall choose the ulirI
/ member, provided, however If the mem
/ bers so chosen by the parties hereto fail
| for a period of ten DAYS 10 choose q third
member then and in that event the said
I third member shall be chosen by the
! governor Of the state of Utah. which
/ member shall not be resident OF Salt
I Lake City, or interested i'm said Big Cot
/ IOnWOOd stream, or a property owner in
/ salt Lake City; and, provided further.
/ TO choose a member on or before the 9Th
I day Of January of each and every year
/ hereafter. then and I'm that event the
/ other party hertO shall have the right
! to choose three disinterested persons,
( who shall constitute said board OF com
/ mlSSiOnerS-
When the said board of commission
! ers shall have chosen as above provided.
/ the said commissioners shall have the
/ right to exercise and perform the duties
/ and powers herein conferred UPON them
/ until such time as their successors 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 hertO-
| 1T shall be the DUTY OF the said
commissioners to measure the waters
! flowing I'm said Big Cottonwood creek at
/ at the times and places above mentioned.
and they shall also within two days OF
/ the date of making each OF said measure
| mentS report TO edcn OF the parties here
] to the total quantity of water by them
I found flowing i'm said creek, and the find
/ ing of said commissioners as TO the guam
! tity of water flowing IN SAID creek shall,
/ for the purposes Of this contract, be con
/ sidered as the quantity Of water flowing
/ therein. until the time for the next sue
! CeedIng measurement
Hold Fast to Damage Clause.
No change was made in article nine OF
| the contract which provides for the re-
] turn Of the Cottonwood water to the
/ farmers when the city defaults in fur
/ nishing the Utah lake water. The damage
I clause of this article 10 which serious
/ The right OF the party OF the first
part to retake the said waters Of Big
Cottonwood creek and the right of The
party of the second part 10 terminate
the rights of the party of the first parr
/ hereunder shall be declared 10 be a cumu-
/ lative remedy, and shall in no wise be
\ construed 10 deprive the party Of the see
I Ond part Of any remedy at law or in auv
| equity which the party Of the second part
might otherwise have to enforce its rights
under this contract
The farmers would agree TO no ngodiff-
cation Of these terms outside of the
I adoption Of the following additional arti-
Gle 10 the contract
! IF at any time hereafter. the rlaht OF
( the party Of the first part TO the use OF
| the water Of Big Cottonwood creek shall
/ be fully and perpetuauy terminated The
/ party Of the first part shan not be liable
/ to the part Of the second part for any
! damages accruing after the date OF such
perpetual termination
Why Farmers Are Firm.
The farmers take the position that the
I power TO take the water back in case the
| city defaults iE furnishing the lake water
/ is not sufficient TO protect them. that ths
( city would go into the courts before sur
rendering the Cottonwood water even nm
der the terms of the contract In thar
I case there would be endless litigation in
which the farmers would stand a poor
show against a powerful corporation like
Salt Lake City.
A meeting of the directors of the Big
Cottonwood Lower Canal cOmnaUv was
held in the Mil Creek meeting house yes
terday afternoon and the action taken
| was exactly similar to that OF the Big
Ditch people in the morning with the
single exception that i'm the last case
the maximum amount OF water the city
would be required TO furnish this COM
pany would be twenty second feet
| The Hill Ditch people have not acted
vet, but they have given assurance that
they viii take the same action as the
other two companies have taken AS
this company controls water for but $50
acres its action is not vital in tns mat
l for