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Show AN ORDINANCE RKI.ATINa TO THE CONTROL AND DIS-Tl DIS-Tl 11 OUT ION OF THE WATERS FLOWXSQ INTO SALT LAKE CITY. Section 1. Be it Ordained by the Cily Council of Suit Lake Cily, Thai the cily watermaster shall qualify iD the same manner as the treasurer pro-Bided, pro-Bided, Thut his bonds shall be aB fixed by oider of the city council: and he shall have authority to appoint, subject sub-ject to lhe approval of Iho city council, coun-cil, assistant watermastera, resident within tho cily, who sha'l receive from him a certifioa'e of appointment, appoint-ment, who shall act in his name and for whose official conduct he shall be -respouB'.ble. Sec, 2. The period of artificial hrigaUon shall be deemed to commence com-mence annually on lhe first day of April and end the first day of November. Nov-ember. Stc. 3. Before the fifteenth day of March iu each year every person entitled to use a poition of the waters flowing into Baid city for irrigation ahall present to tbe city watermaster, upon a form provided by said water-master water-master for that purpose, a written application for the use of water as aforesaid duriog said period, and specifying therein the lot or lots or fraction thereof owned or posseesed by such applicant, to be irrigated, and agreeing therein that upon demand and within fiiteendajs thereafter he will pay to tbe city watermaster his proportion of the expeoso of con structing and keepiug in repair all gates, dams, Bluicts, flumea and ditches necessary to convey tho water from the main or natural water channel chan-nel to the premiues of such applicant. Said application shall bo filed with the city recorder. Sec. 4. Before lhe said first day of April annually, tho city watermaster watermas-ter shall apportion and allot the waters of the Bevera! streams flowing into the city among the applicants entitled lo use a portion of Baid water?, with respect to time and quantity of water, according to the extent of land specified in their respective re-spective applications. Sec. 5. Upon Btich apportionment and before the said first day of April in r-tich year, each applicant as aforesaid, afore-said, upon the payment into the city treasury of tlie t:m of one dollar, for each one and a quarter acre lot, and fifty cents for each fractun thereof named in his application and upon the presentation of lhe treasurer's receipt therefor to tho city water master, shall receive from said water-master water-master ft certificate specifying the proportion of water to which aucb applicant shall be entitled and the times during which he may use the same in said period. Sec. 6. It shall be the duty of the city walermaBter to see to the proper location, construction and repair of all gates, dams, flumes, ditches and reBervoirs, that water may not be wasted, streets or sidewalks overflowed over-flowed or obstructed, or private property pro-perty damaged. Sec. 7. Whenever' it shall be necessary to make any of the improvements im-provements mentioned in the preceding preced-ing etction, an estimate ol the cost thereof Bha:l be made hy the city watermaster, which cost ah ail be apportioned ap-portioned among the pers.-ms inter estcd in such improvement, according io their respective portions of water; but in case of any sudden emergency, the watermaster shall ciuse any necessary repairs to be made immediately, im-mediately, ttie cost of which shall be apportioned thereafter. The said watermaster ehall cause written notice no-tice to be given to each of euch persons per-sons of tbe amount lo be contributed hy bim toward euch improvement. Said notice may he served upon him personally or be left at his residence, or at his usual place of business. Any such per;on who shall fail, within Queen days after the receipt of such notice, lo tender to said watermaster iho aaiount tl:erf.in specified, shall forfeit his right to hia portion nf water for irrigation during aaid period, and the eame may ha apportioned by tho watermaster amone euch persona aa bear the expense of such improvement; improve-ment; prodded, that if any per-on tender the equivalent of bis proportion propor-tion ol the co;t of any of the belore mentioned improvements in labor or ma'.erial necessary thereto, the watermaster is authorized to accept huch equivalent, but all euch labor or material must be furnished within twenty four hours after demand is made therefor by the walermaBter. i 5KC. 8. At all poiuta where water is dktributed into main ditches, the watermas'.er shall cause Bubstautial gates to he constiucled, at the expense ex-pense of the eorporatiou, by which the proportion oi water Bowing in 1 each may on accurately determined. Sec. 9 No persoD shall beeutilled to convey his portion of water frjm a main ditch to his lot or premises without first having constructed a substantial gate both in the main ditch and at the head of bis branch ditch, the latter to be closed and watertight except during the lurn ot such person to use hia portion of water. Where bucu branch ditch crosses any portion of a sidewalk the sime shall im made of lumber or other substantial material, the covering cover-ing of which shall be od the same level with Bucb sido alk. Any person per-son violating any of the provisions ol this section shall be liable to a fine in any sum not exceeding twenty-five dollars for each ofleuse. Sec. 10. Where persons are ob liged to convey water acroos grounds between their premises and the public pub-lic water ditcbep, it shall be done under the direction of the water-master, water-master, and with ilia least possible injury to property, either in digging the requisite ditches, or in managing the waler therein, and they shall be liable for all damages caused by any failure or neglect on their part. Sec. 11. Where publio water ditches pass through private grounds the right of way for which has already been acquired any person having tbe right to use water therefrom iB authorized to pas3 along said ditches as occasion may require, during lhe continuance of said right; euch passing pass-ing to be under the supervision of the watermaster. Sec. 12. All peisons using waler for irrigation or other purposes, 6ball conduct the surplus or waste waler into the regular water ditches and not allow said water to flood the side-nalks side-nalks or streets to tbe damage thereof and the unnecessary waste ol water. Sec. 13. Any person aggrieved at lhe apportionment of water allotted to bim by tbe watermaster, at bis proportion of costs mentioned in tbe seventh section, or at any olber act, claimed to have been done by virtue of the provisions of this ordinance, shall on written complaint be heard by the oily council, who Bhall constitute consti-tute aboard of equalization to hear and determine such complaints. But all such complaints must be presented to the council within ten days from the origin of tbo act complained of. Said board may remit or abate, for any insane, idiotic, infirm or indigent person, the tax or fee provided for in the filth section of this ordinance. Sec. 14. Any person turning tbe water from any irrigating ditch or reservoir in said period except when the use of tbe waler has beon duly allotted to bim, as herein provided, or without having first obtained a certificate from the watermaster, as provided in sections three and five of this ordinance: or in a greater Quan tity than is allotted to him in said certificate; or alter be has forfeited hie right to the use of bis portion of water in said period, and any person wilfully and maliciously breaking any dam or gate, in any Btream, sluice or ditch, or iu any way changing chang-ing the current or flow of tbe water used for irricaiing purposes, Bhall be liable to a fine in any sum not exceeding ex-ceeding filly dollars, or to imprisonment imprison-ment for any term not exceeding filly days, or to both fine and imprison-i imprison-i ment. Sec 15. The city watermaBfer shall report his proceedings to tbe city council quarterly or oftenor if required. re-quired. The compensation of tbe city watermaster and his assistants shall be as fixed by tbe cily council. Sec. 16. That sections twenty-three twenty-three to twenty-nino inclusive ol chapter six relating to city officers, and the whole of chapter thirty three of tbo reviaod ordinances of Bait Lake city he and tbo same are hereby repealed. re-pealed. Pasaed, March 4th, 1879. Feramohz Little, Mayor. JoiinT, Caine, Recorder. Territory of Utah, 1 City of Salt Like. J1 1, John T. Coine, Recorder of Salt Lake oity, do hereby cortify (bat the foregoing is a full, true and correot copy of "An Ordinance relating to the control and distribution of the waters flowing into Salt Lake City," nap s fid bv Iho Cilv Council nf Aftirl city on the 4th day of March, A.D 1870, as appears of record in my office. In testimony whereof I f I bavehereunto set my band ' f and affixed the corporate Befti 0f gait Lake City, this 5th day cf March, A. D. 1879. John T. Caine, Recorder. |