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Show UTAH STATE HtESS a 3$ & a sj VOLUME 57 NUMBER TCEMOHTOH, UTAH 84337 1 Judge Rues Tlgonsf J. ' mm . Jf isST V'fW' 1 U & oirH'iMif - Water users won the three year battle Tuesday when they got a favorable court ruling, but the war is not ::",;- 4 quite over. Second District Judge Calvin Gould Tuesday ruled in favor of the Water Action Committee's contention that U & I Inc. had violated water user's contracts when its subsidiary, the Bear River Canal Company, raised the water fees. Gould ruled that the canal comoanv "may not unilaterally change the method of maintenance or raise the assessment" of the water users. - V The ruling, in effect, locks the canal company into its original contracts with water users. Some of those water contracts date back to the early 1900's and range in price from $1 to $4 per acre. The canal company had established a uniform fee three years ago. The fee has been increased each year. The latest fee was to have been set at $10.89 an acre. A restraining order prevented effect. that from taking U & I Inc. will apparently continue the legal battle exercising the right to - . ' g s , fi .'" , ....,.. . - W. Swine Flu Clinics Set Oct. 27, Nov. 9 . .THIS SERENE setting formed by a local canal near the county fairgrounds and a line of trees presents a pleasing fall picture. The scene belies the three year sometimes intense struggle between water users and U & I Inc. Jctkpat Cstfc PJlrs. Swine flu vaccination clinics will be conducted on two days in northern Box Elder County, according to the Bear River District Health Department. , The clinics have been "tentatively" set for Oct. 27 and Nov. 9, from 3 - 9 p.m. at the gejaver Junior High School. . Officials said serum should thrive and be distributed to area doctors in the next few days. Persons who wish to have the serum administered by their physician have been advised to check with them to see if they To $40 Dee Garfield Is Mrs. Sophia Taylor, East, Tremonton, is 384 No. $70 1 1 Cherry fee agreed to in their Although the judge has not yet issued his final order in written form. Clyde said he feels it will state that the canal company need not put any more money into maintenance every year than they receive from the annual assessment. "The effect of the decision," Clyde said, "is going to make it impossible for them to divert any of the money irrigators pay for anything but canal maintenance. They're not going to be able to pay legal fees, dividends or other non-canexpenses but of this money." He added, "if 100 percent of the $97,000 they collect.. .is put on maintenance we think it will do the job." The attorney said one big complaint has been the diversion of the maintenance money to other places such as to pay income tax. Water users also contended they were paying the expense of keeping the canal open in wintertime when only the sugar company uses it. continued on page 3 al In Tremonton wlteir--Pp6taii- a area," he said. "There isn't a house being built in this community right The possibility of a slow down in new housing starts raised its head in the Tremonton City Council Tuesday prompted by a request from a local realtor for approval to construct a new '' WmW lis Tree 'Crazy' William Roberts of South Tremonton Just may have an cherry tree on his hands. Roberts, who lives in the ThirdjWard area, three miles south of Tremonton, has a "crazy" tree on his hands. old cherry tree yielded its A six-yethe traditional season and during crop even shed its leaves like all good cherry trees are supposed to. But, somewhere along the line the tree's seasonal calendar must have gone awry. It started blooming again Monday, even though the temperature took a dive into the fifties during the daytime, and even lower at night. The casual observer would think spring was on its way, judging from the tree's performance. "I told my daughter we're going to pick cherries at Christmas time," Roberts said. He just may. maintenance contracts. Subdivision Proposed merchants. Here's the list of all seven clues in last week's contest: 1. 15 grandchildren; 2. 11 great grandchildren; 3. raised in LeGrande, Ore. ; 4. born in Bear River City; 5. 1 boy 1 girl; 6. attended BRHS and 7. main street worker. Mrs. Garfield works at Keith's in Tremonton at the present time but has been a familiar friendly face to shoppers in a number of local businesses. The talented lady is an accomplished artist. Her paintings have been displayed in many shows. Edward Clyde, the attorney which handled the court test, said the judge's ruling means the canal company must refund the maintenance fees it collected the last three years which resulted from the increases now proven invalid. One Water Action Committee offical estimated the amount could be as much as $600,000. Clyde said the refund would probably not be automatic and would, probably require further proceedings to establish how much money is due each water user. Clyde said the judge's ruling established the perpetual nature of the water user's water right and the toe MUtag Second richer this week. She successfully found all seven clues and identified Mrs. Dee Garfield as last week's Mystery Personality. That means this week's jackpot drops back to $40 in bonus bucks which are as good as money at participating ' appeal to a higher court. C. Dick Anderson, president of the Bear River Canal Co., said: "As we have noted would be the case, it will be necessary to reduce expenditures for the canal system to the amount of revenue available. An appeal of the district court decision is planned." Anderson added, "I cannot comment at the moment on what measures will be needed to bring operation of the canal system into line with available monies. Ordinary maintenance, obviously, will be severely affected and several aspects of service likely will have to be curtailed or entirely elimin- have the serum. Shots will be given free of charge at the clinic, but private physicians may charge a fee for their time and supplies, but not the serum itself. fiftystery Personality Is Mir ated." ' 5 . 7, 1976 t ' ' OCTOBER ar . . Will up. I !. I AM HOIII ui r slmh Minimi In Ih loliri IMS of Miulh Tmnmilon nIiowh off il lilooitiiiiK HKuiit IIiIn wr-- Mm Irw whiih uppureiitly ha its mchhoiim mixed wulhrr and Ihr fact lhat t hrrry Irrr aren't niimmmI to "vrty" InxplCr of cold chi-rr- subdivision. Don Southwick of Southwick Realty of Tremonton currently has an application for approval before the Tremonton Planning Commission for a 9.3. acre 29 home residential subdivision which would be located to the west of Century Estates in southwest Tremonton. Councilwoman Marjorie Oyler noted, however, that before the commission gives approval it wants to know the city's ability to furnish adequate water and sewer service to the area. "We should be very sure we get proper water and sewer hookups before we give the okay," she said, "and that it's not going to diminish the supply from some other area." Earlier this year Councilman Ben Dansie raised the possibility of a moratorium on new housing starts if the city isn't able to improve water delivery from its wells in Deweyville and elsewhere. He pointed out the low water pressure experienced in the Sandallwood Acres area this summer. Councilman Harry Gephart, in charge of the water department, acknowledged that a study is underway by Valley Engineers to see what can be done to improve the system. But Gephart said a solution-gener-a- lly felt to be a larger water line from the springs to the city, along with greater storage facilities-- is "probably a couple of years away." That prompted Councilman Russ Webb to point out, "We have to keep in mind that in this community we don't have any building lots left which will accomodate this price home." "We're going to be in a serious situation unless we don't want any more growth or unless we're willing to put this on a crisis basis," he added. "I think it is very vital condition to our growth," Webb went on. Webb said a discussion with a local telephone company officer produce the comment that the Hear Uivor Valley has :iK more telephones this year than it had last year. "Now, thai'! it lot of rnulh for our now which isn't sold." . "To not put priority on this will hurt us," he concluded. On another topic, the council decided to take a wait and see posture towards its garbage collection system which has been turned over to a private firm. Councilman Webb raised the possibility of having the entire city go to a curb pickup service. Webb said Ken Doman, owner of Utah Recycling and Disposal, feels a curb side pickup would be more efficient. Webb said it would help keep allies cleaner and would make it easier for the garbage men to know what a home owner wanted hauled off. He added that home owners would be more likely to put garbage in proper size containers and bundles if it had to be put on the front curb. Councilman Dansie said he received a "lot of feedback" from "northside" residents favoring curb pickup. Councilmen backed off though noting that garbage pickup seems to have improved in the last month. The city council, in other action, cont. on page 4 Candidate To Speah American Party presidential candidate, Tom Anderson, will speak to party faithful tonight at Bear River Junior High following a banquet sched- uled to begin at 7:30 pm. Tickets for the banquet are no longer available, but people who would like to hear Anderson's speech will Ix1 admitted about 8:30 pm for the cost of $1 per HTMMI. Anderson's visit is part of a Ihnr-d.icampaign swing through l l.ih y |