The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-11-27
City Should Own Water.


TT will be admitted that so far as pos
sible the city should absolutely own its
water supply. The proposed plan places
the city at the mercy OF the present own
ers OF the cottonwood water. and leaves
as in the position OF eXhauSting our fl
uanciaI resources for water purposes
without obtaining title in fee simple to q
single gallon Of new water-our right to
our ability to furnish exchange
water from Utah lake this in turn
depending upon the caprice of the sea-
sons and the maintenance Of many miles
OF canal In other words. II. for any
conceivable reasOn-the failure of the
rainfall or a serious break in the ca
ndl-thC city failed for a brief period Of
twelve hours TO furnish its agreed quota
can divert the Cottonwood supply at
their individual pleasure. without await
ing the adjudication Of the courts
Three Judges Are Named
Section 3, Of the agreement reads as
follows:
ION or before the 5th day Of Janu-
AIRY of each and every year hereafter
2 board of three commissioners shall be
chosen in the manner following. to-wit:
One Of said commissioners shall be chosen
by the party OF the first part. and one
shall he chosen by the party OF the sec
oud part and the two parties so chosen
BY the parties hereto shall choose the
third member. provided. however. if the
fail for 4 period Of ten days TO choose
n third member. then the party Of the
second part shall choose said third mem
Der. and provided. further. that il either
Of the parties hereto fails to choose a
member on or before the 9Th day Of Janu-
aTy Of each and every years hereafter.
then and I'm that event the other party
hereto shall have the right to choose three
disinterested persons. who shall cOnsti-
tute said board of commissioner.
when the said board of commissioners
shall have been 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 de-
eide shall be binding and conclusive upon
each Of the parties hereto.
at shall be the duty Of said commits
riouers 60 measure the waters flowing I'm
said Big Cottonwood creek at the times
and places above mentioned. and they
shall also within two days of the date Of
making each Of said measurements re-
port 20 each Of the parties hereto the to-
tai quantity Of water by them found flow
ing I'M said creek. and the finding OF
said cOmmiSs iOncrs as 70 the quantity
of water flowing i'm said creek shall. 70
-he purposes of this contract. be con-
sidered IS the quantity Of water flowing
therein. until the time of the next sue
cecding measurement
Not Pleased With Plan.
II is by no means inconceivablc that un
dor the terms 81 this section the cifizen
~ this city might at any time find them
selves without the vestige Of title or RICH
70 property for which they are asked {,
xpend the sum Of $N50000. This section
seems 10 me TO be injudicious I'm the cx
trcme and not such as a prudent maj
would enter into on his own behalf
Us il the desire Of this city go place In
absolute power OF selecting two commits
,sioncrs whose decisions any question
.-shsu be binding and conclusive upo
each Of the parties" i'm the hands Of IA
owners Of the Cottonwood water2