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Show :r:'MapBs wester dispute''"" ' According to Gayle McKeachnie, attorney for the Naples Culinary Water Company, letting the Naples water suit go to court will not solve the I problem. j; "I sent the letter (threatening to sue Vernal City) hoping to come to a reasonable agreement, but the city is , letting it go to court," McKeachnie : said. "A law suit will not solve the problem, but we'll go to court if we have to." The suit argues whether Vernal City has honored the provisions of its 1961 contract, where in Naples turned to the city 225 water connections and 200 acre 't of municipal water, and in which tie city agreed. to use that water and system for the benefit of the people residing in the Naples Water Company area. "It is no secret to you (Vernal City) nor to the informed people of the community at this time that no attempt has been made by Vernal City to live up to the spirit nor the letter of that agreement," said McKeachnie in the letter to the city. "People by the hundreds, who live in the outlying areas have complained to me that- they can't get a water connection," con-nection," McKeachnie continued. People are usually given three' reasons why they are denied a water hookup from the city: not enough water, no money and it conflicts with the zoning ordinance. According to an audit performed by Terry Caldwell, Vernal CPA, during the years 1973 to 1978 the City Water Department showed profits of $750,000 while the sewer and garbage show losses of $76,000 in 1976, $76,000 in 1977 and $124,000 in 1978. All water monies are placed in a utility fund which also pays for the city garbage and sewer, McKeachnie said. The audit showed that during 1979 Vernal provided 200 million gallons less water than the 650 acre foot water right allowed Glines. Naples and Ashley in contracts similar to the Naples contract. con-tract. The audit was made from the yearly report of the Ashley Creek Distribution System, because we couldn't find that Vernal City kept a record of where the water went, McKeachnie said. The audit also showed that the city in 1978 used 447 million more gallons of water than it had water rights for. From these figures McKeachnie says, that the city has used a substantial sub-stantial portion of the water provided by the people outside the city to supply Vernal City residents while denying water to those who actually furnished water to the city. "All the people of Naples want is a say in the amount of hookups, fees, services and maintenance of the Naples water system" McKeachnie said. According to McKeachnie they have no voice at Vernal City because they live outside the city limits. The letter dated July 13 warns the city that if no progress is made toward a transaction of the Naples Water System back to Naples in 30 days an action will be filed in court requesting a full accounting of all water and monies used by Vernal City in the 1961 contract and the revenues from the water obtained ob-tained by the city with damages for breach of the relationship of trust. |