| Show FARMERS BY THE LAKE full text of agreement they made with salt lakers THE LAW ON A TIMELY QUESTION read the provisions and live up to them the dam in the jordan kiver alie i As the question of the water ot utah lake id agitating the fannora of utah county theae days anil owing to frequent queries regarding the between this county and salt lake we herewith republish it in full this indenture made this adly of in the year of our lord between biere follow nearly fio hundred names of the parties in utah county owning property on the holders of utah lake the carlies of the first part and salt lake county salt lake city the utah and salt lake canal company and the idolth jordan canal company the coith jordan canal company and the east jordan irrigation company all corporations in salt lake county in said territory the parties of the second part wit that atie said parties of the first part and each of them for and in consideration of the covenants and agreements hereinafter contained and the sam of to them in hand paid by alie sid parties of the second part the receipt whereof is hereby acknowledged have granted bargained sold conveyed and confirmed into the said parties of the second part and to their heir sand each of their successors and assigns forever the right to maintain the dam ill the jordon river known as the jordan dam situated at or near the boundary line between salt lake and utah counties as at present constructed ted an opening or water way gli said dam to be left at all time s free anu pen except as hereinafter specified for the passage of water as follows to wit the width of said opening to be as at present established J including supports and uprights the I 1 u hole width including buch supports being 22 feet more or less the bottom of such opening of waterway in said dam to be six inches abaye or higher than the bottom of the opening of waterway in said dam as at present con strutted ted when free from boards or temporary obstructions also the right free from interference or liability for damage to flow the lands of the said parties of the first part or either of them to the extent which the dam as above described may cause the same to be flowed by the waters of the jordan aliver utah lake or otherwise also the river in addition to the forgoing free from liability for damage to flow the lands of the said parties of the firsa part or of cither of them to the extent which may be caused by placing obstructions in tho waterway in said dam hereinbefore mentioned according to the limitations hereinafter specified for the purpose of holding back or maintaining the water in utah lake atan elevation or height not to exceed three feet and three and one half ehg established and le as low water maark lake when the waters in said lake would otherwise naturally fall below such height or elevation that the water so held back might be saved for use by the said parties of the second the lands as severally owned by the said parties of the first part hereinbefore mentioned and which may be effected bv these erasts are situated in utah county adjacent or near to utah lake and the more particularly described in exhibit A heretofore annexed and made a part of the indenture to have and to hold the said granted rights casements and servit udes together with all the rights and privileges in anywise pertaining unto the said parties of the second part and to their and each of their successors and assigns forever for the purpose of better carrying the forgoing into effect it is hereby mutually agreed by and between the parties thereto that in or before the first day lot january in each year the parties thereto shall each respectively appoint two s and the four persons thus appointed shall meet together on 01 before the first day of february in each ye ar and select as umpire a disinterested person who must not be a resident of either salt lake or utah county and said persons before entering apon the duties herein specified shall enter into bonds in the sum of 2 for the faithful performance to the or acceptance of the probate judge of either salt lake or utah county the person thus appointed shall continue to act until others are appointed and qualified to succeed them the said person shall constitute a board and are hereby empowered as the legally constituted agents of the parties thereto to determine and direct where and to what extent obstructions may be placed in the said waterway of the dam for the purpose of storing the lake with water for future use not to exceed the highest elevation herein he fore specified provided ahat if any year on or after the loth day of march it shall be ascer bained by said board that the fall of snow during the past winter has been liast and if the said board are of the opinion that the waters of utah lake will probably not rise during the current season to the highest level hereinbefore mentioned then tho said board shall permit the said parties of the second part to rise abid dam to a height tobe fixed by said board which will cause the water of the said lake to rise to the said level and if it shall be ascertained certa ined by experience and observation that the said parties of the second part can obtain all the water necessary I 1 for irrigation purposes by keeping the waterway of the dam open until the water of utah lake shall have receded below the highest level mentioned achen the shall the waterway to be kept open until the water recedes to such a levear aa the board shall deem sufficient to supply said parties of the second part with water and provided farther that when any time in each year to bo fixed by said board the aih water of utah lake shall have receded to the highest elevation the parties of the part shall have the right without from any person or per sona lo 10 cause the waters of utah lake to be held back by regulating said dam not to exceed the elevation eleya tion above mention and to use the said water as they may desire until buch date on bior after the ast 1st day of october aa the haidl board hau decide at which dato the paid parties of the second part open the entire ay of said dam excepting the uprights down to the sill or base thereof and permit the aid water to run free that the members of said board shall receive compensation at the rate of 4 00 per day with actual traveling expenses which alie parties of the second pait hereby agree to pay it is further agreed that alie said parties of the second part have the privilege of cutting through the bar in the lake at the head nf the said jordan river and of lowering the same to uch a depth as by an accurate survey shall be considered proper so as to permit a more even flow of w ater and to secure to themselves a more reliable supply of water by being enabled to draw it from a lower level in alie lake than h at present possibly provided a gate or dam is put in at a suitable place in the river or at the bar aud thus be able to make and maintain a reservoir in the interest of alie parties of the second part that shall be permanent also to hao a right to use the utah lake as a reservoir with full right to maintain their dam as at present constructed and subject to the foregoing regulations in witness whereof the parties of the first part have hereunto here onto set their hands and seal and the said parties ef the second part have each caused its corporate name and seal to be subscribed and affixed the day and year first aboe w ritten here followed all the signatures of botlo parties |
