The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-06-15
WATER BOND CASE
ARGUED TODAY
Brief for City Is Submitted to the
Supreme Court.
CLAIM ISSUE TO BE LEGAL
REASONS FOR THIS ARE SUBMIT
TED AT LENGTH.

The case of the State of Utah. ex
rel George Z. Enerbeck, against salt
Lake City, Richard P Morris. mayor
of Salt Lake City, John 5 Critchlow
city recorder, and Fisher s Harris.
city treasurer. in which the validity Of
the proposed issue Of 81. 0O0009 water
and sewer bonds is attacked. viii be
argued before the supreme court to-
day.
The city's answer to the allegations
of the petition of Geo. E EIlerbeck for
an injunction restraining the issuance
Of the bonds is contained in the brief
of g. G. Dey and f. s. Richards. attor-
neys for the city. filed yesterday with
the clerk Of the supreme court. In this.
in explanation and justification of the
action of the city administration in
authorizing the selling of $3.50. 600 water
and $4,000 Of sewer bonds. is stated
the following
At the beginning of the present admin
lStratIOn Of the municipal government
the mayor called the attention of the city
council TO the necessity Of formulating
ana carrying out a plan for increasing
the cityS water supply. A special COM
mlttee was appointed. consisting of the
mayor and five members of the city COun-
ell who. with the assistance of the city
engineer and legal counsel. commenced a
careful and thorough investigation Of the
subject 1t was aScertained that the city
owned an abundance of water but that
only d. comparatively small part of il was
fit for domestic and culinary use Its
potable water is derived from City creek.
Emigration creek and PaTley's creek. and
the aggregate daily supply from these
sources. at the season of minimum flow
Is about 10.OQQ0 gallons The remaining
45,000.OG0 gallons belonging TO the city
consists Of Utah lake water. which Is
good for irrigation purposes, but is Who'll
" unfit for domestic and culinary use.
1t was also aScertained that the available
sources from which an increase in the
supply of potable water could be obtained
are Mill creek, Big Cottonwood creek and
Little Cottonwood creek, which. in the
season OF lowest flow. furnish an aggre-
Ions.
The city was without money to puT-
chase water rights and construct water
works. and under the law. its power to
borrow. for the purposes of obtaining
water. artificial lights and sewers. was
limited to about Si-2500A. It was aSceT-
tanned that. TO bring water from Cotton
wood creek into the city and improve the
distributing works 50 as to render them
available for use through the wateTwOrkS
system would cost about half million
dollars As the water rights in Mil
creek Big Cottonwood and Little Cotton
wood creeks are very valuable. il was
evident that the city could not obtain the
money with which to purchase the waters
Of these streams but would have to aC-
quiTe them if at all. by exchange for
Utah lake water. of which il has an
abundant available supply and for which
ii has no present use II was found that
two-thirdS of the land upon which the
waters of Mil creek. Big Cottonwood
and Little Cottonwood creeks were used
for irrigation lies below the city : canal,
and Utah lake. and that said land could
be irrigated from said canal