The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1908-10-30
FIGHT OVER WATER
VIRTUALLY SETTLED
Waterworks Committee of City
Council Is Considering
the Matter.
ANOTHER CONFERENCE
TO BE HELD TODAY
Mr.. Martin Makes Interesting
Charges in Connection
With Matter.

Amicable settlement of the long con-.
troversy between the city and the state
prison over the latter's water rights IN
Par!ey's s creek may be arrived at sooD.'
The state board of corrections, at
recent meeting. authorized Gov. John G..
Cutler 20 make overtures TO the mayor
and city council for a peaceable settle
ment Of the controversy, which has
been pending in the district court for
two or three years, and the waterworks
committee, at the council committee
meeting Thursday night. arranged for q
meeting IN the mayors Office al 10
O'Clock this morning TO determine the
clty's course in the matter, At the
meeting the city Will be represented by
the waterworks committee, the mayor
and the city attorney and the state
board OF corrections by the governor
possibly.
Charging that the state prison uses
millions Of gallons of water annually
beyond its rights, the city two or three
years ago threatened 20 cut the prison g
water supply off. The state board OF
corrections, in behalf of the, prison. in
stituted action in the Third district
court to enioin the city from doing this,
and the city attorney filed demurrer,
| which was sustained. This was in the
early part of the present year. The
board of corrections was given leave
to file an amended complaint. but this
has not been done. Since then the city
has instituted action in the Third dis
trict court to quiet title TO the waters
of Parley's canyon, which involves and
includes tine prison S right TO the waters
Of Parley's creek.
Harsh Charges Made.
Harsh charges were made against tue
prison by Mr.. Martin AT the water
works committee meeting Thursday
night. The city several years ago en-
tered into a contract with the board of
corrections TO furnish the prison with
/ water for culinary purposes only for
! 500 year. This would require only
| about 100000 or 100000 gallons an.
nually. In 1908. while Mr.. Martin was
employed at the prison. he measured the
water the institution was using. he said
! Thursday night, and found it was IS;
! 000,000 gallons. or about l3,000,000 gal
Ions in excess of the amount the prison
was entitled to.
"The prison simply stole that much
water annually that the city. or some
| body else was entitled 70, Mr.. Martin
| declared Thursday night, land guards
and prisoners were used TO help perpe-
trate the theft. The water was used ia
! sprinkle the lawns. to supply the barns
and 10 water the grounds III general
upon which the prison Is located, and
| MANY times. when the city was suffer
! ing water famine and residents Of
! the city whom the municipality was uu-
| der contract to furnish water to, werc
forbidden TO sprinkle their premises.
| the yard aud lawn of the state prison
were kept green and fiourishing with
water stolen from Parley's creek con
| duit or the water way.
Has Primary Right.
OF course the state prison has pri.
mary water right in Farley s creek, but
what this amounts 10 in the number Of
| gallons annually Is a matter of proof.
| That it reaches 100000 gallons
year is not contended by any one, II
the city and the board of corrections
| enter into a contract whereby the city
is to furnish the prison with culinary
water at so much per wear the Htiga
tion between the two will probably be
ended temporarily. This will leave the
permanent adjudication of the matter
to the city S suit, now pending. to set
tie everybody's rights TO the waters Of
Farley S creek.
The state board Of corrections says
that. IL is willing TO enter into a con
tract which viii in every way safe
guard the city interest. and it is like
" that an amicable agreement will re-
suit from the movement now under wav
toward that end. The amount OF water
the prison is using above that which it
is entitled to will have TO be measured
by a meter and paid for on that basis.
il Is said. The excessive amount of
water the institution has been using
would probably cost IL IN the neighbor-
hood of Sl5, 600 or $4,000 a year, il is
estimated.