The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-04-11
Water Right to be Decided.

CCc- B. IN consideration OF these
premises, said Utah Light & Railway
company further agrees that prior 10 the
time this ordinance shah take effect and
as condition precedent 10 the validity
OF this ordinance, said company will deed
grant and convey 90 said Salt Lake CITY,
with. good title free and clear Of. all in
property. tO-.it.
All lands bordering on Big Cottonwood
1 creek beginning at the tail race Of the
Jtdn Power cOmpany's power house and
continuing westerly and nOrtherly along
the bed Of the creek to the west line of
the southeast quarter Of section % said
distance being approximately one and
Jhrec-quaTter miles and extending JOB
feet on each side Of the creek a. the
high water mark except in the north
west quarter Of section =, where il 81 all
be 100 feet on the north side only, and
the DeScret paper mill. otherwise known
as tho Granite paper mill. together with
five acres Of land surrounding the same,
also a right of way and easement for
utilities connected Herewith. in sections
). l.. NJ. and y. J.. Also all the water
rights and power rights in Big Cotton
WOOD creek west of tho Utah Power COM
pany = tam race, including herein and par
tcularly meaning hereby the Deseret pa
per mills water power in said creek the
Granite paper mill water powers in sale
creek, and the Butler mill water power
the latter being located right at the
mouth of Big Cottonwood canyon. and
the two former mile and two miles
respectively below the mouth Of said can
EOh+ IL being the intent Of this agreement
Jhdl the Itdn Light q Railway company
relinqUishCs and releases all its right in
and to the waters Of Big Cottonwood
creek for power purposes or otherwise
below the power house Of the T-tah
Power company near the mouth Of Big
COTTONWOOD canyon: provided. however.
lhat the water shall not be taken out so
near SAID tab Power COmpany's tail
race, or ITS property, as to in any way
interfere with the use Of said water for
power PURPOSES by said Utah Power
company at its present power house in
the mouth of Big Cottonwood canyon
But nothing herein, or in this Ordi-
nance. ~ or shalt be held 10 be in lieu
OF any license. toll or tax provided for in
sad franchises, or any OF them. or i'm the
laws OF Utah. or in the ordinances of
said city.
See. . In consideration of the promises
Sald SAT- Lake City agrees ana ordains
that during the life OF said franchises as
herein fixed IL viii not use the power OF
said Cottonwood creek or OF the waters
thereof for lighting purposes in com
petition with said Utah Light e. Railway
company, Its successors or assigns
Sec. 10 All parts OF ordinances or Of
resolutions in conflict herewith are here
by repealed to the extent of such con-
Sec. a. At or before the first pubIica-
ton or this ordinance. and within thirty
DAYS from date Of the approval hereof
said company shall file with the Civ
council its written and duly acknowledged
acceptance of the provisions of this 81
dinances and shall also file with said
council all deeds cOnveyances- and -
of the same by the council and mayor
this .ordinance shall Ne Dubis1eT ard
shall take effect upon tie date of It's FIRST
publication