The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1909-12-14
CITY WILL FIGHT
FOR WATER RIGHT
Attorneys Advise, However,
That Three Lakes Belong to
Other Parties.
NO RIGHTS FOR $1,000
sOLoNs ADMIT THEY WERE UN.
CERTAIN OF POSITION.

In the face Of the advice of the special
water attorneys, J.. s. Richards and Og-
den Hies. and the positive assurance
that Salt Lake has no right 10 the lakes
in the south fork of Bic Cottonwood can
yon, the city council last night, by
vote Of to 5, decided 10 fight the can
collation. by the government of whatever
claims the city has in the purchase,
nearly two years ago, of the rights OF d.
Al. Thomas and Harry b. Cole for 2,Ol4.
1t was freely asserted ON the floor OF
the council that Salt Lake had paid the
$1,000 to Cole and Thomas merely TO
avoid q possible legal battle, knowing
fun wei at the time that the two men
had no rights worth buying.
From the reports made here on this
floor tonight said Councilman II. H.
Black, cit appears to be thar the city
has been flimflammed out or that SZOuu,
'E second the motion, Mr.. Black
think we have" came from Ed g. q. Don
nell and several other members or the
council echoed the same sentiment
The fight i'm regard 10 the rights OF
Salt Lake IN the three lakes on the south
fork of Big Cottonwood canyon-Lakes
Blanche, Lille and FlOrence-came up
on the report of the special committee
composed of r. S. Richards and ogden
Hiles. the special water attorneys Tor Jne
city, and A. #. DOremus, associated Win
the city engineers otuce III l4e same
that Salt Lake had no rights through the
purchase of the rights of Cole and IhOm-
as for 5000 i'm January, 1905.
The report of the special attorneys was
a long recital of the facts dealing with
1.-The city's efforts to obtain lakes at the
head of Big Cottonwood canyon for the
purpose of assuring water supply pa
the future. The report declared that the
city had until December % OF q TO fIe a
claim with the department of the interior
lat Washington and fight the aVOWed ln-
'tention of the government 10 cancel any
rights the city might have on the south
fork Of the canyon,
City Has No Rights.
After the report was read, Councilman
IT, =. Hail made motion that the re-
bort of the water committee, calling upon
the special attorneys 10 ugnJ the case IN
Washington, be filed with the report OF
the special attorneys, it appearing that
rIa CITY had no rights and could not
make good i'm an expensive fight against
Brown and Sanford, who filed upon wa
ter for the reservoir site apouJ lhlee
wears before the transfer from Cole anu
Thomas TO the city.
There was no second to the motion, and
councilman +. S. EerusuOm, VINO was one
of the committee of five i'm getting more
water FOR the city, explained the eA-
penditUe of the $1,000.
Il don't believe and never did believe
that Salt Lake had aly IlshJ 20 lhs s.7t
lakes" said Councilman Fernsuom, III
was understood at the time that the mon
ey was spent simply Tor the purpose OF
.bayiug these people Oft and avoiding a
lawsuit. At that time, as all members or
Ihe council should know, the Citl was en-
.eaged i'm a legal fight Tor some or ire
lakes at the head of Big Cottonwood, and
it was feared that this matter would m
v11ve the city i'm another lawsuit. We
never expected that the 5000 gave us any
standing.
when it was learned that the city i'm
tended TO buy some lakes in the canyon
Arson, Barnes and Dyke filed on these
three lakes, and later disposed OF their
rights to Cole and Thomas Then these
two men came to the CITY and offered the
lakes to the city for $4,000. Tt was
h0ldup scheme. and we turned them down.
The attorneys made an investigation ana
found that these two did not have a mar
ketabIa title TO the lakes, but ii was felt
that it would be better to pay them the
5000 and have done with any possible
figI from them That was the only rea-
son Tor that payment OF e-,Vl
Richards Makes Statement.
F. S Richards was called upon to make
a statement to the council He said in
his opinion the city had no standing in
regard 20 these lakes, ana that 1T would
do no good TO take the matter before the
government and make fight against
Brown and Sanford, who have expended
something like 5000 in building dams and
Derfecting their rights He said the city
die have a right to Lakes Martha, Phoebe.
Mary. Catherine and the Upper and
Lower Twin Peaks iakes-siX i'm aIl-but
that these are higher up in the canyon.
The city filed upon the water leading
TO these lakes. Mr. Richards said, and
had also applied TO the government for
reservoir sites 1t was brought out that
The maps have not yet been completed
in the office of the city engineer but that
they are expected at any time, now, and
that they would be filed with the govern
meuC as soon as completed. In addition,
Mir. Richards said, the city had apprOprl-
ated money during the last year for the
purpose of building reservoirs and per-
fecting the right of the city TO these six
lakes. But I'm regard TO the three lakes
ou the south branch OF the canyon, AR
Richards said, the city could not main
tain it's fight for them, I'm his opinion.
Mr. Richards said the city had paid the
S2o00 merely TO eliminate Cole and Thorn
as and that he had told the commit
rights of these two men there would be
nothing gained so far as new reservoirs
were concerned.
81 thought we We're getting something
for that 5000 we paid to these men"
said Councilman Black land that was
the reason 1 voted for it. I thought we
were getting some water that would be
of benefit TO the citizens OF Salt Lake
I'm the future And anybody that says
Lake Blanche is not worth having and
is merely pond I'm the hills is telling
me something that 7 know is not true.
went ND there with some other COun-
Cilmen- I'm a binding snOwstorm. and
went over the whole situation 7 thought
I'VE We're getting those lakes when / voted
the $1,000. / believed the city got some
rights by that transfer. and believe we
should make a protest to the government
] thought We were getting something for
our money. but I have heard some inter
estiug statements here tOuight-tle first
time L have heard them during the six
years I have been i'm the council, and