OCR Text |
Show ! i In refponse to the resolution of Council Coun-cil ran Ferry, adored by the City Council last I.Ionday nlsht, regarding the city's rights to the waters of Cottonwood creek under the contracts made by the Morris administration. City Attorney Ogden lilies has prepared pre-pared a brief which, It Is claimed, may serve to stop further work on the bhj conduit planned to convey the Big Cottonwood Cot-tonwood waters to this city. The brief of City Attorney Hlles in part is as follows: "There are three different agreements for exchange of water from Big Cottonwood Cotton-wood creek, namely: "Agreement w ith Big Ditch Irrigation company, -dated June 27, 1905. Agreement Agree-ment recites that city shall furnish a contlmi o i ii flow of water from April 1 t October 1 In eich year, which shall le ec.uivah'nt cf 71-2. J of fow of Cottonwood cre;k, not excee Wr.g thirty-five thirty-five (vO c. f. s., and during: the remain-In,? remain-In,? part of year an amount equal to one-sixtieth of fow of creek. "The i-arty cf the second part' does not agree to furnish to the city any specl:ied amount -of water of Big Cottonwood Cot-tonwood creek. . "Second Agreement with Big Cottonwood Cotton-wood Lower Canal company, a corporation, corpora-tion, dated June 27. 1903. City agrees to furnish second party between April 1 and October 1, -for irrigation purposes, an amount of water which shall be equal to 31-240ths of flow of Big Cottonwood Cotton-wood creek, not exceeding twenty (20) c. f. measured and ascertained, by commissioner; - - - "The party of the second part does not in terms agree to deliver any specific spe-cific part of the waters of Big Cottonwood Cotton-wood creek. But the city binds Itself to defend the title of the party of the second sec-ond part to the waters of Big Cottonwood Cotton-wood creek, if any it haa. "Third 'Hill Ditch Contract' Agreement Agree-ment with B. B. Blttier, 'William C. Park, John D. C. Hamilton, James C. Hamilton, Mary Ann Hamilton. James D. Hill, Emma S. Hill, William C. Hill, James Gordon and Charles Park of the second part, dated June 28, 1905. -: ."City agrees to deliver to the second parties' between April 1 and October 1. for Irrigation - purposes, water In continuous con-tinuous flow equal to 7-150th of the flow of Big Cottonwood creek, as ascertained and determined by the commissioner to be appointed for that purpose. The water wa-ter is to be delivered into the 'Hill ditch' at the point where the Hill ditch connects with Big Cottonwood creek. . "There is no promise on the part of the second parties that they will deliver to the city any specific amount of Big Cottonwood water. And, like all other contracts, there is In It no covenant that they have any title or good right to convey any water whatever. . "There are stipulations for forfeiture of city's rights under the contract If it shall fall to perform certain, of Us duties, du-ties, but no provision for forfeiture or termination of the contract If the title of the second parties to a "portion of the waters' of Big Cottonwood creek shall fall. - "The contracts bargain and sell whatever what-ever rights the second parties have to a 'portion of the water flowing In Big Cottonwood creek in Salt Lake county, Utah.' " . ; "There is no stipulation that the city shall have the right to divert the water thus conveyed to It from the creek at any point It may require." , |