Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-06-16
THE C|TY'S SIDE
IN BOND FIGHT.
Important Points and Arguments
In Brief Filed In the Su.
preme Court
WHAT CONSTITUTION GIVES.
Permits and Provides For lust Wba,
The City Is Doing Ia Way Of Get
ting New Water Rights,

In addition to what has already been
published from lho brlef Of clty Attor.
noy Dey and Attorney r. \ Richards
In the bond case now before the su-
premo court, which Is expected 10 glye
q decision IN me matter the following
important points and arguments are
glycn
IN answering lho contention NJ tho
rolalor that the water RIGHTS when the
the city win acquire under The options
held by II would not be- such an own'
erahlp ana control ~ BE- contemplated
by the Constitution the brief says
The only reason assigned FOR this con-
tcnton rs mat NO absolute llllo 70 the
water acquired Dg oNehlngo WIZ be
held by The city This II rue ana II Ii
also true OF every other Wntof right
No absolute lltlu 10 the water Itself "
ever acquired Tho right ia always
strictly unfWotunIyi The TILE 10 wa.
Ter consists In the right 10 uHc w. and,
NO matter how perfect u water right or
Title may be. that right ana iitle may
ho forfeited By failure 10 apply Tho
water 10 romo useful or beneficial pur.
pose.
salt Lake clty Va water 4 u, ~ CO.,
u Utah, 2G6.
Under tho exchange contracts, the
city VIII have TIE perpetual rlght 70 use
the water acquired, subject only to tho
condition that II furnishes "a the other
party the irrigation water provided Tor
In the contract The compliance with
this condition II wholly Within the o0n-
troll Of tho city, aud there w NO moro
reason for saying TINT such water
right does NOT constitute ownership,
than there would h0 fOr saying that The
clty'H right Ia use the Uiah Lake water
IA not ownership, because, ~ some
time IN the future, II may not be able
TO apply that water TO such q usofnl or
beneficial purpose "a the law requires,
TO malnlnn tho right
Section o OF article N " the Conhillu'
ton, says
provided that nothing herein con.
tanned shall be- construed TO prevent
any such municipal corporation nom
exchanging water rights or sources OF
water supply for other water rights or
sources Of water supply OF equal value
ana 10 he devoted In lko manner TO tho
public supply Of lts inhabitants"
This provision was Incorporated In
the Constitution for the express pur'
pose Of meeting jusi such casog as tho
ono nov before the court II IN a
matter Of public history ot which this
court win take cognlganco that prior
10 statehood municipalities In The ter
ritory of TITAN, had disposed Of their
whterworbg BY lease or otherwise Tho
case OF Ogdon cry IN familiar 10 the
court II was intended 10 prevent tho
recurrence ~ such u thing IN Tho ~
ture. n IL also matter ~ public his
tory that municipalities had exchanged
irrigation water for potable water and
that such exchanges had been made
upon lust such contingencies M are
contained IN tho proposed contracts for
The exchange ~ tho waters Of Big Cot
tonNood The contract made by Salt
Lake city m 1858, for tho waters oi
parloyH creek, IL a notable example ~
this kind Of exchange
WHAT WAS IN MIND,
Having these things In mind, desir.
ring 10 encourage municipal oWnor-
ship Of waterworke and prevent cities
from alternating any sources OF water
supply or watorworks which they might
possess, the members " The Conetliu.
ilonal Convention adopted these pro.
visions, which were afterwards ratified
by the people No. the fundamental law
~ the state We cannot believe mat
thlB court VIII ever become so unmlnd-
ful Of the public veal as to nulllfy
these great constitutional provisions by
giving thom such a restricted consltnc.
ton ms would render them Ineffective
ana practically nughlorS
IN order 10 determine the real moans
ing NJ tho wOr1B 'oNncd ana controls
cd aH uto1 IN ,hla gortlou of the
Constitution, n w necessary to- consider
the purpose which was intended 20 ~
accomplished Tho evident inlenuon
was ~ provide Il method by which an
additional Indebtedness, not tXceeduA
4 porcontum, mlght be- created for the
purpose of supplying city on town
with water, ARTIFICIAL lights and foWoiH
when The works Of supplying euch wa
tor liHhlH and npNcra should belong ~
the municipality n was doHIgncl ~
favor the municipal ownership of those
important public utilities, aud 10 pro,
vldo means for their establishment ana
maintenance
The slobllehmonl and maintenance Of
NAterWOrks, urtlncml llghip ana sewers
nrN essential ~ the worry rNislouuo ~ a
city, n w. therefore, very important
that Ills provision should receive tuch
brond ana liberal construction nH VIII
render II most effective 'rho ntorprr'
talon which IL commended Tor by the
rola'or Is very technical and ~ rCslrlc'
i've that ilg adoption would practically
render the provision lnofegiyo and
migratory
TllG CONTENTION
Az we uudcrWand, t.c contention H.
that, although SAT- Lake city proposes
TO use the money witch II derives from
tho Issue aud vale or bonds Ton WurruH,
ina lis water Supply and extending ana
enlnrglng rs prnHpu WOlurW0rka, tht
bonds cannot bo lcguIly iWucd because
the clty does not NOW own the water
rights which n proposes lu acquire, ANA
docs not now own tho ENLARGED ana oN.
tended works VhlHh IL PROPOSES to cole
ptrucL If the city did own those water
rights II would hove ma occasion 10
borrow money with which ~ purchase
them, ana, II its WatvrNorlN Noro oN.
tended and enlarged, A would have no
occasion 10 muui au Indebtedness for
the purpose ~ RultNR money 10 pay
for making such oNtonBlon aud enlarge
mont The very object Of tlliu constitute
tlondl provision was ~ umhlo th0 city
10 borrow an additional amount ot
money. for the purpose of occurring
cllhcr by purchase or construction, adj
dltIonul Vutor ilghN ana NltorWorkN
when II could not nuHNnlN own uulll IN
had procured Che fmnu BIS the uHo ot
the Very money which the ConalllutlOn
provides that II may borrow for mat
purpose,
n In alleged In tho o0ldNylt that m.
"clty Il INC owner uf a WatorWurkR gyN,
tenn ana obtains Nv waters from Par
lcya crock Emigration crock and cts
creek aud la also The owner ~ the Salt
Lake and Jordan canal, flowing from
Utah lake 10 said city the waters
however tarrlod by said canal, nol
being M or used for domestic purposes
IN pold city, that The proaont water.
works YNom OF enld dty which IA
owned and controlled by H. embraces
several large and substantial utsor'
yolrs, n masonry conduit about 0yo
miles long, about ian miles oNplp0, non
valves ilb0 hydrants and IN present
estimated value 10 ovor iioo\OOQ. the