| Show I Y Yd r AN IV it IMPORTANT 1 IN I d t Th tong Ions pending water ter suit betwee ilan da daU and the th Power III Salt Suit Uku City CIlY itY company ot Ct al Is IR practically at Ut n a fin ai U and an heNt n R determined i end It has ha The Tue city etty has hall gained i id a i 2 m t dlight d victory It P een m claim t to tobI that tl t e 8 defendant 1 be bI perfectly 11 with the declaim by b Ju e Morse Moi That la Is ver very ant to cont When nil alt th till ii iiI out delighted with the I contestants cont c lire are th situation Is not only eminent but may be he said to b be I ly y satisfactory s mi Hue Careful examination of or J the ease case am an anthe I the finding f however cause dauro some somo sur sue r prUe rIe nt at the of the ther In ii r parties defendant for tor It looks to nn an In Ma InI I biased mind mini as I n If It the th city had come ou out outi i triumphant on nfl every point The panel Oler dam people claimed that one o ot ot t the the ater Mowing from the lake Inke nt mt into J Jordan river was wa ted and that they had a ci right to Its us nil nU the year round The court that hlll all 1111 the stream had been heen previous to the attempted claim of or the power dam company The city made matle arrangements to ob obtain tain tam a n greater Gu low flow of or water vater and to taki It out out at ata a point above tho the usual place of ot inversion diversion and the tho power dam peo eo pl pIe sought to stop tOi this by Injunction That Injunction Is I denied by b the tho pres present eat ent decision This Is Ii a very Important tc to t 1 alt Lake Inke City CIt for on the question ol ot ollie otlie olit lie it right to take Inke the water at the high tl II r point depends the tho has hM long been contemplated with tho th people for tor the tho waters ol or that fine stream st rIll The rho court decides that this city and the iho canal companies having prior rights may nay Impound and amI store nil all ol or the lit Hood waters Hawing flowing from froni Utah the like I subject to limitations such Buch cut M have heretofore prevailed and rights right that are nrC undisputed The power dam people may convey to tolie It lie power plant the waters vaters of ot the river required to be used by claimants low lowi 10 i 1 down the channel but hut the water soused so 80 soused used must be delivered 1 1 In III quantity and unimpaired In quality qua lit litIn to In the river for tor the user below and to the canals of ot the city nod the South Jordan company until such sue time as a the city diverts Its share of ot How flow I from tram the place where the Kast Jordan company takes higher up the river and so ao long Ion na lie the license from the till South Jordan company Is I Hut But here bere Is a very Important eonS con consideration l Judge Morse says saye further J In his opinion It appears from the evidence that In order for or the tho power company to divert and use the water vater It must enter upon the lie canal and right of way say to the tho city and take to a certain extent of ot Its Ita h and exercise some con control control trot over oer the same and excavate the bank ot of said eald canal for tor the purpose ot of connecting Its discharge flume there thero therewith with nail It Is contended on behalf of or the city that the right to make such use of ot the city property can only oat be acquired In an nn action at law brought under the tho provisions of our statutes statute re relating reo lating to condemnation of or property I Iam Iam Iam am of ot the opinion that this contention U ig I As to the condemnation proceedings It scorns se ms very Cry Improbable that Jhu pow power er Cr Or dam people can mn draw very ery much nuch muchie ie teal l consolation Municipal rights and usages undoubtedly prevail over oer private pr ate Rte claims Private corporations may ma under certain circumstances condemn property for tor uses named In the law Jaw but public corporations stand higher than private corporations anti th their lr rights cannot be Invaded by private ate lit corporations for or any till purpose It does not appear therefore that the dam company U is likely likel to Ka Kaa Haiti gain gaina a ctol over this municipality In the proceedings now contemplated Altogether we think the city may ma I Jt elt over oer the decision lou that has been rendered anti we con j jf i f the Ille firm of ot and allt I IV I V n on the result That firm laos hae h l had himi tp tF t a n dozen or more of ot ble anti and tins hat won Its caw oase Th Fh to the city Ill are of great reat magnitude and the r tl will M N e ox perl l nc l In ye r to tf rome o ne when hez ne n water rights end and privileged which the decision shall be he enjoyed and ande seen e n In their full and complete value However If It the other parties partie nr are glad tb the public Can ran afford ord to be glad that tl CAI b be glad iad under un or the lie circumstances circum stances |
