The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1910-06-07
CITY MAY ENTER
WATER RIGHTS
. Decision of United States Land Of
flee Cancels Entries of Former
Owners.

The Salt Lake United States land
office Monday received decision of
the commissioner Of the general land
office at Washington, by which the
city Of Salt Lake, II is believed. may
proceed TO onter upon the water
rights ln the Twin Peaks reservoir
site The commissioner holds for
cancellation the claims of P. J. Arson,
Henry Barnes and w. l. Dykes. who
sold their title to the city some time
ago. There Is said to be an adverse
claim held by the Browa-Stanford
company. II this claim is not legal
and Is not sustained. the city now may
enter upon the wator right Three
lakes are included. the Martha, Phoebe
and Katherine. In addition to these
principal bodies. there arc also Twin
lakes and others.
Lakes Are Involved
Several years ago the city pur-
chased a series OF lakes in the Cot
tonwood district from Anson and the
others, Included in the purchase
were lakes Martha Phoebe Kathe-
rine. the Twin lakes and others The
Twin lakes werc claimed by Arson
and others though their title was
doubtful. A sum of $1,000 was paid
for the lakes. including the Twin
lakes The land was oll uDsurveyed
IT later developed that the rights
10 the Twin lakes claimed by An
son and the others were not avail
able for the city, because the ap-
plication made by Anson called for
the use of the water for irrigation
and the city desired to use 1t for
augmenting its water supply.
October 81. 1909. a special agent OF
the land office reported 10 Commis-
Sioner bennett that Anson and the
others had not constructed the reser-
voirs for which plans had been filed
and n right OF way asked and Mr.
bennett directed the register and re.
ceiyer of the land office to notify
the city. which had in the meantime
succeeded TO the rights OF Ansou and
the others that sixty days would be
allowed in which TO show cause why
the application for the reservoir
should not be revoked.
The register and receiver on De,
cember 81. 1909. transmitted the ans.
wer OF Mayor Bransford on behalf OF
the city i'm which it was petltioned
that the application OF Huson and
others be permitted to stand and the
ci;ys rights sS the assignee OF those
persons be protected On February
IL the commissioner considered the
Citys petition An examination of
the statutes coupled with the allega-
tions in the mayors answer clearly
determined that. lnasmuch as the
reservoir was never constructed by
Arson and the others. even in the
event that the city did construct il,
no right of way could be obtained
lawfully. because .tnson had made
the application for the purpose OF
irrigation.
City Rcinquished Rights.
The commissioners accordingly held
that il the city relinqulshed its rights
acquired from Arson and others It
would then be permitted 20 file appll.
cation under the act OF February /.
1905, but that the application would
not be considered while Ansons an.
Dlication was on record, The regis
ter and receiver notified the com
missioner that a notice had been sorv-
ed upon the city and no action had
been taken.
BY the decision the commissioner
rcvokes HIS prior action In accept.
ing Anson's application aud rejects II
so that any and all rights which the
city succeeded TO through Anson are
cancelled This leaves the city free
10 make a new application on its
own behalf under the act OF February
/, 1905, which concerns rights OF way
through national forests.