The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-03-30
WATER RIGHTS IS QUESTION

The question of the rights OF the city
in the added water supply which it was
supposed 10 have obtained from the
farmers of Big Cottonwood is one of the
most sweeping Importance. OF almost
equal Importance is the question of
where that right Is. in case any exists:
for II Is evident that a right to take
canyon or seepage water at a point be-
low the citys Utah Lake canal
does not give the right TO
tcL<c it out of the stream three miles
above, and at an elevation five hundred
feet higher. Between the two points
are a good many other water rights
which would be materially affected by
the change of place of taking the wa
ter; and yet, without making any ar
rangement to obtain the consent of the
owners OF these intervening rights. the
city arbitrarily decided that it would
build Its conduit to tap the stream at
the higher point. and so divert the wa
ter.
This was apparently done because Of
the old paper-mill water right which
the Utah Light and Railway Company
turned over to the city, But that was
merely a power right, it gave the use
of the water as 1t flowed by, and was
conditioned on the point that such use
did not diminish or befoul the wa
ter those who owned the irri-
cation rights below were not in
any way damaged by the use
Of the water for power. And that
sort of use is entirely different from the
use which the city proposed to make of
the water 1t might take, for the city
proposed to take the water away alto
gether, and bring it here for use.
1t appears. also, that while the city
has no right of appropriation as re-
spects the water al the higher point, its
right to water at the lower point is am
biguouS and uncertain. 1t can claim no
definite quantities; but on the other
hand must turn over water from the
Utah Lake canal considerably in eX
cess of what it can possibly receive
Worse than this, while Il must without
question make delivery. ii Is obligated to
defend the water rights Of the grant
ors, whenever these may be in dispute.
The city thus guarantees on both sides,
it's own water rights as traded to the
traded TO the city.
1t is a pretty bad looking proposition
as II stands. And for the facts and the
law phase of the situation the city has
the word of It's City Attorney, Judge
Ogden Hiles, a man whose legal learn
ing, ability, experience at the bar and
on the bench. give weight to his ut
terances that few could give. and which
none can question.
The investigation of the committee
having this matter in charge will ne
cessarlly take some time; 1t must be
impartial and thorough. and the conclu-
sions formed fully substantiated in fact
and In law. All possible light must be
shed upon the situation; every witness
who could throw any light on the situa-
| ton must be asked to tell what he
knows-Mr Morris. Judge Dey. the
| former City Engineer. Judge Franklin
| S Richards when he returns from
| Washington, and every one else whose
| knowledge might help. A very serious
| crisis In the city's affairs is now upon
| us, by the apparent disconncction In
| what the city actually has and what It
| ought TO have, II 1t would profitably
| complete the Big Cottonwood conduit.