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Show IfPOSITIOnfl 5 WATER DEAL Ii I Taxpayers Asking .for : Explanation, Want to Know What They Are to Get for Million I Dollar Outlay, i' Offer to Be Mado by Salt Laker to Install System for S150,000. ; Does the water system projected by i (he majority of the City Council and '.' or which the taxpayers oC the city 1 arc expected to spend $1,000,000, meet with the approval of those who will i have to contribute toward paying this ' rum' 5 From opinions voiced In the clubs and ' on the streets yesterday, It seema that I .m opposition is' forming which Is pteadlly gaining In strength, and be- fore, It Is believed, tho expenditure of men a sum of money 19 approved by the U t2xpayers. there will have to be more mxjx and clearer explanations of the expen-K expen-K V dllures Involved than have been vouch-Wr. vouch-Wr. ;'; safed so far. lf j Another Water Proposition. SJ r( It Is announced that a bona fide offer r J will be made to the City Council by Jo- ! ph Galigher, manager of the Mining I &. Smelter Supply company, to Install ' a system which will furnish all the di water necessary for many years to come jf at a cost to the city of just $150,000. 'Vi i, Mr, Galigher proposes to install a sys- M. i Urn similar to the one found do .U iuccessful in Tacoma. He offers for 1 the mi in In question to bore the neces- B nry wells in Liberty park, put down a; the casings, erect and equip a power Jr rnt and put the water Into the system i; i of pipes through which the city Is : k furnished. This statement was made 3 ' yesterday aftcmoon to a member of the 5- City Count 11 by Mr. Galigher, and he ol' corroborated it layt night. !! What Mr. GnJig'sicr Says, i "J have made the proposition," he i Mid. and I will stand behind it. ? Furthermore, I will furnish bonds In a i Fjflleient sum to guarantee the fulflll- j mnt of tho contract as soon ns It may i be-certified to me." j The sjstem which Mr. Galigher pro- i lo use one that was installed '? In a small way at Tacoma some years I ago as an experiment. It hay proved so i mccessful that th'e city In question is ; now spending J500.000 In building a '; plant lurge enough to furnish the entire ; ) city with all the water required- . CIU- i zcrwvho are dissatisfied with the pres- j fnt scheme believe that Mr. Gnllgher i 'twould have a hearing on the matter, ij snd that his claims should be carefully (. investigated. h City Acquires No Water by Purchase. Ij ' It Is pointed out that with the propo- !j fitlon now under consideration carried on which has been adopted by the I Council the city will expend 3S50.000 r and still not acquire by purchase a j , tingle gallon. Through exchange the 'f 'Ity, would acquire 10,700.000 gallons of I I. water, but it in stated that after the expenditure of .hc great sum Involved 'v there will still be a large yearly drain n the- treasury for money expended for jumping. ftjf . Contracts Considered Objectionable. j The exchange proposition is regarded P by those who have seen the copies of ;i contracts to be made with Lhe farmers f 3 to a one-sided affair. It Is claimed Iff thai the city la not secured In the ,1 possession of Its water for any duration ot time and that by a clause In this y contract, It signs away Its legal rights. I As the contract In question has been 3 y1 b b"t few penxms. it Is published herewith for the first time. The agreement agree-ment reads as follows: AgTMment. Tnl3 asroemcnt mado this day of D- 1SOI., by and between Salt Qnw t 1 y' a ,nulclpal corporation of rr t, nc 5ou,,ty. Suite of Utah, party ?5tH,c nrst. partl and BP Cottonwood TT,riCanal'.a corporation of tho State nLL.w ' RJlrly Pf tno second part, wlt-2f wlt-2f nn :i n,Klt f0.r and ln consideration P lart by tho party of the flrat part tH e,So ?f w5,ct ls llcrcb- acknowledged. 1 paufy..of tno sccond part ngi-ccs to It M.n ',0 rPaj;t" f 11,0 ,lrSt Part that in.. i ar,l .of thc 3cond part, will upon nnirif rho of t,,c firt Part at nnLiLm? )of?,ro July !' ad "Pon the hS5J5nt t0. tne p.arty 01 u,c second part or m rar,ly oC lhc ,,r3t Pnrt of tlio sum pr eight thousand dollars (JJfOO). enter nr ??ntct writing with the party ? $2 Prst p,ari- whlcl1 contract shall be-in be-in words and figures following, to wit: Agreement'. This agreement made this day of . A. D 150-, at Salt I.nku City. Utah, by and between Salt Luke Citv. a municipal corporation of Suit Lake eoun- ,'i i, cf.Plnh' 'm,'l' of te llrst part, ana Big Cottonwood Lower canal, a corporation cor-poration of tho State of Utah, party ef the second part, witnesscth: wJlercaR. tho Party of tho second lZ Jsi .th. ?wnc" f Portion and oi" tne right to tho uso of a portion of the waters of Big Cottonwood creek, llowlng In Salt Ixiko county, Utah; And whereas, the party of tho first part desires to procure from tho party of the cond part tho right to use the said water; wa-ter; Now therefore be it. and It is hereby mutually agreed ns follows, to wit: 1. The party of the second partv hereby here-by grants, bargains and sells to the partv of the first part all of thc right of It, f p.ar,':y of ,he sucond part, to the use of -nil Us portion of thc water flowing . R .Tottonwood creek. Salt Lake county. Utah, only, however, until the tlmo that the party of the second part shall lx entitled to again take and uso tho said water as hereinafter provided upon tho failure of the partv of the llrst pr.rt to keep tho covenants herein provided pro-vided by It, the party of tho 11 rat part, to be. kept. 2. Th.i party of tho Ilr.st part. In consideration con-sideration of the covenants of tho partv of the second part, hereby agrees wltii the party of tho second part, that It. the party of thc llrst part, will perpetually perpetu-ally and continuously deliver 10 tho party 01 the second part, from the first nay of April until the nrst day of October Octo-ber of each and every year hereafter, for tho use of tho party of the second pari, at tho placo or places hereinafter provided, pro-vided, a continuous stream or How of water, wa-ter, which stream or How of water shall bo equivalent to twenty-one two hundred and fortieths (21-240) of tho water flow-Ins in said Big Cottonwood creek as shall from time lo time be determined by the measurements hereinafter provided for, and which said water shall bo suitable, for the purposes of Irrigation; and during dur-ing all of thc remainder of each and every year hereafter Iho party of tho first part agrees lo deliver to the partv of the second part, at tho Intake of what Is known as Big Cottonwood Lower canal ca-nal from Big Cottonwood creek, one-six-tMh a-CO) of tho water Mowing In said jil; ui.ionwoou creoK. ns shall be determined deter-mined by said measurement. 3. For tho purpose of determining the quantity of water flowing in said Big Cottonwood creek measurements thereof shall bo mado at the mouth of Big Cottonwood Cot-tonwood canyon on the 1st duv of April the 15th day of April, the 1st day of May, tho 15th day of May. the 15th dav of June, the 15th day of July the loth day of August, Au-gust, tho lnth day of September, and tho 1st day of Oclobor of each and everv year hereafter, and tho total quanlitv of water found Mowing at the mouth of"Big Cottonwood canyon, at each of the measurements meas-urements above provided for. shall be considered, for the purposes of this contract, con-tract, as tho quantity of water Mowing ln said Big Cottonwood creek until the time of tho next succeeding measurement; measure-ment; provided, however, that If thc said measurements shall be made at a point below the Intako of what Is known ns Butler ditch, then and ln that event the quantity of water Mowing In Butler ditch shall always be added to the water found Mowing at each of said measurements. measure-ments. 4. Tic party of the Mrst part shall have tho right to deliver thp water which 13 provided in Article 2 hereof shall be delivered de-livered to the party of the second part by tlo party of tho (lrst part from tho 1st day of April to the 1st day of October Octo-ber of each and every year hereafter from any source that 11," the party of thc Mrst part, mav see Mt. The said water, however, shall bo perpetually measured and delivered to the party of thc second part at tho following plncos, to wit: a. Thc place where Big Cottonwood lower canal now connects with Blir Cottonwood Cot-tonwood creek. b. At tho point where lhe Salt Lake & Jordan canal now crosses tho channel, of Mill creek c At thc point where the Salt Lako & Jordan cnnnl now crosses Fourteenth South street. Salt Lake City. Utah. Provided, however, that the party of the second part shall annually, on or before be-fore tho 1st day of April, notify the party of the Mrst part as to tho quantity of water which It desires to have delivered deliv-ered at each of said points of delivery for the ensuing year. The one-sixtieth (1-00) of tho water of Big Cottonwood crrk which Is nrovldcd bv Article 2 hereof ?hnll be delivered to thc party of the second part from the 1st day of October to the 1st dav of April of each and every yenr hereafter, shall be delivered from the waters of Big Cottonwood Cot-tonwood creek at the ln-tako of what Is known as Big Cottonwood Ixwer canal. 5. On or before the 5th day of Jnn-uary Jnn-uary of each and every year hereaftor a board of three commissioners shall be chosen In the manner following, to wit: One of said commissioners shnll be chosen by the party of the Mm part, and one shall bo choaen by the party of tho second sec-ond part, and tho two pnrtles so chosen bv the parties hcrolo shall choose tho third member: provided, however, if tho members so chosen by the parties horoio fall for a period of ten days to choose a third member, then the parly of the second part shall chooso .said third member, mem-ber, and provided, further, that If cither of tho parties hereto falls to choose a member on or before the ton day of January Jan-uary of each and every year hereafter, then and In that event the other party herein shall have the right to choose three disinterested persons, who shall constl-tul constl-tul said board of commissioners. When Iho said bourd of commissioners shall have been chosen as above provided, tho Bald commissioners shnll have the rlsht to exirclso and perform the duMes and powers herein conferred upon thorn until such time as their successors shall l-c chosen- The decision of any two of said commissioners upon any question or matter which thev are empowered to decide de-cide shnll bo binding and conclusive upon en oh of tho parties hereto. It shall be the duty of said comrnls-s!onera comrnls-s!onera to measure tho waters flowing In said Big Cottonwood creek at tho times and places above mentioned, and thov shall also within two days of Hie date of making each of said measurements report re-port to each of the parties hereto tho total quantity of water by them found Mowing in stld creek, and the Mndlng of said commissioners a3 to thc quantity of water Mowing In said creek shall, for the pur-noses pur-noses of this contract, be cansldercd as the quantity of walcr flowing therein, until the time of the next succeeding measurement. mea-surement. 0. The said commissioners within two dava of the date of ranking each of the measurement of Big Cottonwood creek nbovo provided for shall measure at the place of delivery' the water which It ls above provided shall bo delivered by the party of thc Mrst part to tho party of tho second part, provided, howovr, that the partv of tho second part shall have tho rlglit to require the said commissioners commis-sioners to measure tho said water to bo delivered to the said party of tho second nart ot any time or limes which It, tho partv of the second part, shall see Mt and thc Mndlng of tho said commiaslon-orn, commiaslon-orn, or a majority of them, as to the quantltv of water being delivered to the party of the second part by tho partv of the Mrst part, shall be binding and "conclusive upon each of tho parties hereto. 7. Tho partv of tho-Mral part hereby agrees that it will cnuo lo bo constructed, con-structed, at . Its expense, at tho several points of measurement uon Big Cottonwood Cotton-wood creek and .at thoi points where water shall be delivered lo thc second party, good and sufMclent weirs, and that It will coitlnuo to keep tho sanio ln good repair, and also It will cause to be constructed at thc point where tho party of the Mrst part shall divert thc said water from, the Big Cottonwood creek, good and sufMclent gates, which shall be so constructed that tho water flowing In Big Cottonwood creek can be readily anil conveniently returned into said creek channel, In case the party of the second part shall at any time exercise Its right to revest itself with the use of the waters of Big Cottonwood creek, and It agrees to keep the said gates In good repair. The party of the Mrst part also agrees that It will from time to time pay all of tho expenses thut shall be Incurred In thc making of thc various measurements measure-ments of water. Including tho compensation compensa-tion of thc commissioners, together with all expenses Incurred in carrying Into effect ef-fect this contract. 8. The party of the Mrst part hereby agrees to maintain all of the existing rights of tho parly of the second part to the waters of said Big Cottonwood creek, and to bring and defend, at tho expose of It, the party of the Mrst part, any and all suits for the purpose of maintaining said rights. 0. It. la hereby mutually ngrced that it the party of the Mrst part shall at any time hereafter fall to deliver to thc party of the second part, at the point or points above mentioned, thc full quantity of water which b above provided aha'.l be delivered lo the party of the second part by tho party of the Mrst part, and provided, pro-vided, that said default shall continue for a period of twelve hours, then and In that event the party of the second part shall have the right to Immediately retake re-take and shall be Immediately "restored lo the waters of said Big Cottonwood creek, which aro being used by tho party of thc Mrst part under the terms of this contract, and for tho purpose of re-tnklng and again using the said water tho parly of the second part shall have the right to Immediately return tho waters of said Big Cottonwood creek Into tho original channel of said creek, and shall have the right to the uso of said water during all the tlmo that said default shall continue, con-tinue, and said right may be exercised by the party of the second part as often as the party of the Mrst part shall be ln default. It Is expressly understood and agreed, however, that upon any Jalluro of the party of thc Mrst part lo deliver to the parly of lhe second pnrt tho full quantltv quan-tltv of walor above provided to bo delivered de-livered to the party of the second part for a period of six months, all of tho rights of the parties of the Mrst part to tho use of thc waters oi Big Cottonwood creek, now belonging to tho party of the second part shall, at the option of thc party of the second part. Immediately cease and terminate, and the rights of the party of the second part lo thc use of tho waters of Big Cottonwood cieek, above granted to the party of the Mrst purl, shall thereupon be Immediately Imme-diately vested In thc party of the second part, as fully and completely as though this contract hud never boon made. Thc right of the party of tho Mrst part lo re-take thc said waters of Big Cottonwood Cot-tonwood creek, and the right of the parly of the second part to terminate the rights of the llrst party hereunder, shall and Is hereby declared to be a cumulative remedy, rem-edy, and shall In no wlso bd construed to deprive the party of thc second part of nny remedy at law or ln equity which wlso hnve to- enforce Its rlnhts under this contract. In witness whereof the party of tho Mrst part has caused Its name to be signed hereto by -; , Its Mayor and Its corporate seal 'to be afllxed hereto; nnd the party of the second pnrt has caused its name to be signed hereto by . Its president, and attested at-tested by the signature of Its secretary, and lis corporate seal to be afMxcd hereto at the tlmo and place Mrst above written. writ-ten. Proposed Contract Criticised. This contract, as It appears, guarantees guaran-tees to the farmers all the water that they . have at the present time, with the promise of a 25 per cent Increase. In-crease. The ninth clause. It Is pointed out, virtually binds and delivers the city, as far as lt water supply ls concerned, con-cerned, Into the hands of the farmers. It provides that if at any tlni.e the city should default In the water it agreed to furnish the farmers, for even so short a period as twelve hours, the farmers: have tho right lo Immediately retake the waters which are being used under the terms of the contract, and fhall have the right to use the city's waters as long as thc default continues. Could Confiscate All. It al?o explicitly provides that upon any failure of the city to deliver to the farmers the full quantity of water agreed upon, for a period of six months, the city shnll lose all claim to thc water, which shall revert to the farmers who owned It originally. Under this proviso, it Is pointed out, that if the city should fell for one- week or les?', during a period of Fix months, to give thc farmers the water agreed upon, It ls entirely optional with the latter to declare de-clare the contract void and confiscate the money paid for the- privilege by the city. In the last few lines of thl clause, the city practically waives all claim to legal remedy. The farmers' legal rights are assured, while no mention men-tion Is made of any the city might have. In other words, the city is firmly firm-ly bound to furnish the farmers all the water which they had before the making of the contract, and the farmers are in addition entitled to receive tho 25 per cent bonus of water promised before be-fore the city can toucli a drop. Spring- Creek Item. There aro a number of other Items in tho reDort which are considered doubtful. doubt-ful. The engineer's estimate of $135,000 for Spring creek water rights Isi criticised, criti-cised, for there Is a well defined opinion that the rights involved are not such as the city would have to consider. It is staled that no clear title can be given by the present clalmnnta, for the good reason, it Is said, that they haven't any. The question as to what would be done with this sum If It wan found possible to acquire thc Spring creek water without Its expenditure, Is answered. It ls alleged. In n hazy mnn-ner mnn-ner by Iho Counellmen who favor the system projected. The Item of $05,000 ns an estimate of miscellaneous expenses ls questioned. It is said to cover an expenditure of $25,000 for thc- old Granite paper mill ilte rights, owned by the Utah Light, Power & Railway company. It Is said on good authority that this company com-pany has no rights whatever at this I nlnt. The mill wan destroyed rome-thlng rome-thlng like ten years ago, and all rights since then have expired because of lack of use- The alleged right wa owned by the- Mormon church, and waw transferred trans-ferred for some consideration not staled to the company which noV clalmi" a right. It is understood that the water way filed 011 again In 1900. but that no Improvements have been made or any uee made of It. as required by law, so that this relocation has long since expired. Councilman Refused Information. Councilman Black says that when he requested the City Engineer to go Into detail and explain what the 595,000 wa to be used for, he was informed that no explanations would be made. He states that he then applied as a taxpayer, and was again refused. City Engineer Snow rays that at first he did refuse the Councilman's application, applica-tion, because the latter had offended him, but that afterward he. offered him ull the information necess-ary. Mr. Snow stated that the reason this estimate was covered by the words "mlpccllaneous expenses," ls that It would be Injurious to the city to expose the plans regarding certain propertley under consideration The City Engineer considers that the rum In question Ss a very small one. considering the greater expenditure Involved, to bo classed under un-der the head of "miscellaneous." |