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Show THE CITY WATER QUESTION. OPINION OF THE CITY ATTORNEY ON THE MATTER. February 25, 1903. To the City Council of Manti City, Manti City, Utah. Gentlemen: Your committee, consisting of L. F. Becker and Luther Tnttle, reported to me the matter of some parties requesting the City to proceed to have the waters of Manti creek fully adjudicated, adjudica-ted, and the committee desired me to make a report as to the features which would attend such a movement. In pursuance of such request, I beg to say that it is usual, in starting such an action, that some party aggrieved becomes the plaintiff and asks for a redress from the invasion of his rights by others, and for a decree quieting his title. Now, as far as Manti City is concerned, its interests are largely of the nature of a trustee for the primary water owners of Manti creek and has assumed the function of distributing those waters to those entitled thereto. So far as the. committee is concerned, they know of no infringement upon anv of the rights which the City represents and controls, and while in some quarters a decree would be very desirable and even for the good of the primary owners, it can hardly be said that the necessity for incurring the expenses of precipitating such litigation liti-gation and carrying it through is at all in evidence, consequently nothing noth-ing to induce or impel the City to such an action. The City has borne all the expenses incidental to controlling and distributing the waters of the creek, regardless of whether or not many of its citizens have derived any benefits therefrom, and there hardly appears any reason why they should pay the expenses that would be incidental to the litigation now proposed by some of the farmers. If the rights represented by the City were being invaded in any way it might be incumbent upon the City to proceed, being that it has assumed as-sumed the charge and control of the waters. It . might also be incumbent incum-bent on it to defend if the others were to proceed. But even that might be an open question, which would be properly decided when occasion therefor arises; but there is certainly no circumstance no argument why it should at this time take up the burdens of the water owners in the matter of adjudicating their rights. It would simply mean that the City would become plaintiff in an action and would likely be charged with the burden of bringing into the action, in one way , or another, all . parties who have or claim to have any interest whatever, no matter. how remote, in the waters issuing from Manti creek. Yours respectfully, WM. D. LIVINGSTON, Attorney for Manti City. |