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Show Brigham City, Utah 84302, Thursday Morning, October 7, 1976 Volume 69, Number 41 30 Pages W(rJir y(? lo)(Q)(OI weiints t Bear River Valley water users have won in their legal battle to prevent Utah-Idah- o Sugar company and Bear River Canal Company, Inc., from levying higher JjOut water assessments. Second District Judge Calvin Gould, Ogden, sitting in the case, Tuesday found that the companies may not unilaterally change the method of maintenance or raise assessments under existing contracts. The ruling nulifies attempts by Bear River Canal company to levy higher assessments on about 1,700 users who draw water from the canal company system to irrigate 64,000 acres in Box graimt The Brigham City Library board Tuesday night unveiled plans to seek a federal grant for construction of a new library building in this northern Utah community. The board reached its decision during a regular meeting, directing Librarian Karen Howard to prepare the proposal for wood idl Ihinginisr ft library TWENTY CENTS Elder county. It means in effect that the company must observe original contracts made with water users some reportedly dating court to contest the higher cost. While the action was pending, the 1975 assessment was set at 84.72 per acre and this year was increased to 810.89. Asked to comment about this ruling preserving the original assessment figures, Judge Gould said simply, I just interpret contracts as I see them written. Both sides presented final briefs Tuesday morning before the court announced its decision. Attorney Edward W. Clyde, representing water users, told the coprt that the assessment was intended to be used and for 65 years has been used to operate and . maintain the canal". He refuted an argument by the defendant that the canal system is a public utility and thus should be regulated by the Utah Public Service commission. The PSC did conduct a hearing in Brigham City on Sept. 14 at the companys request, but recessed to wait the outcome of the court case. , The system consists of approximately 120 miles of canals. An attorney for the company, Wilford M. back to 1901 Assessments under the contracts range from $1 to $4 per acre. Beginning in 1973 when the sugar company formed the canal company to administer the water system, it was sought to amend the assessments, creating a uniform charge. The first adjustment was to 82.63 per acre and the following year (1974) it jumped to 83.17. And that's when water users filed a class action in First District application. Funds are being sought under the Public Works Construction Act of 1976 which was recently authorized by Congress. Mrs. Howard said the funds, if granted, would cover the cost of construction only. The deadline for making entry is Nov. 28. And it was brought out that the actual application must go through the city council. In their discussion, board members considered a proposed new building that would be located immediately east of the present library 'on what is now a parking lot. It would contain 6,000 square feet on each of two levels. The existing building has 2,450 square feet on each of two levels. Mrs. Howard declared, however, that it was her preference to have a library building qfor a variety of reasons. We love them so much John Owens will see Burton, said Wednesday its not yet certain whether the decision will be the board nevertheless should puruse preparation of a project package, including a larger site, to be ready when the next funding opportunity comes. She noted that if a grant is obtained, the city must be ready to start construction within 90 days after it is awarded. j jf John Owens, 48, is a quiet man with mile and a firm handshake. A yeqr ago he apparently won a battle with caecer through a colon operation. of this year, he In underwent an intensive examination. A biopsy revealed that cancer had invaded his liver. And John Owens was told this time there was nothing medical science could do to stop or reverse the disease. Doctors told him he had little time to ' live...just months. But his is not a story merely of frightening consequences. It is also one of hope, humor and caring. John Owens has many friends. They were drawn to him, learned to respect and love him as a gentle person who desires to help others, to share his cheerful attitude and love of God and country with them. Among these friends are neighbors Cherol Blake, 662 South First West, and Nedra Nelson, 316 West Seventh South. When they learned of Johns illness, they asked one another what can we do? They pondered it for days. Theres just so much you can do. But we love them so much. We had to do something, Mrs. Nelson recalled this week. John and his wife Doris, who reflects the same warm personality, are natives of Ireland. They left Belfast Sept. 13, 1969, to attend a general conference of the LDS church in Salt Lake City. They never returned. The following years have been spent as residents of -- er ' ar given. One member of the board, Tom Purdue, pointed out that 85 percent of the money appropriated by Congress will be spent in areas where the unemployment rate is seven percent of higher. The local rate, according to the Brigham City Job Service office, is 5.8 percent. Purdue said we'll have a real struggle to get the funds but I believe we ought to go after them. The grant would fund 100 percent of construction expense. Mrs. Howard also was less than optimistic. She said, if this effort falls through, appealed to the Utah Supreme court. He said that will wait the court's evaluation of findings, conclusions and judgments which could be two to three months away. , One of the questions to be answered is whether the company must return to water users payments which they may have made under the higher assessment in excess of their original assessment. J again monks to his friends ' one-sto- Among them waiflM. desirability of keeping the book collection together in, c of dtntffnf tron two levels. At the same time, she said accepted standards indicate that for its population, Brigham City should have a library containing 11,900 square feet. The city's present estimated population is 17,000. If it grows to 25,000 then the recommended size would be 15,000 square feet. In its motion to seek the grant, the board set its sights on a facility large enough for projected growth. Board members agreed that all available space on what now is the library ground should be utilized. And Mrs. Howard was directed to precede on this basis in mapping plans with City Building Inspector Max Muir. It means the present Carnegie library ' would be torn down. There was no firm estimate of cost ? - JOHN AND DORIS OWENS are all smiles as they prepare for a trip to visit their native Ireland. The generosity of friends, and even many who don't personally know the couple, made it possible. County okays raise for JPs Box Elder county commissioners have approved a pay increase for But its not as much as they had requested. Meeting in regular session in Brigham City Tuesday, the county board voted to increase from 83.50 to 84.50 the amount which JPs will receive for each case they handle. justices-of-the-peac- e. understanding that part of the compensation currently being paid was for expenses. Fellow commissioners Ted Burt and Reed Nielsen agreed to his proposal. The action came after County Clerk K. B. Olsen produced figures on this number of cases handled by the JPs over the past six months. Brighh W . C(ty aC:Bim 'was immesiel Mrs. Nelson related. And that provided the key to their decision. They would raise money to pay for a trip to Ireland for the couple. They contacted Johns physician who said he would experience some discomfort. But he could make the journey. John would have the opportunity to visit with members of his family three sisters in Ireland and a sister and two brothers in England. They made handbills and distributed them to members of the Brigham City Tenth and Sixteenth wards. Contributions began coming in. Johns fellow employes at Thiokol corporations Wasatch division where he works as an electrician learned of the effort and gave more than ki)ew j kctlBtl Involving water users were' Douglas N. Holmgren, Keith W. Anderson, Robert M- - Brough, Ted W. Burt, Mich Fukui, Alvin R. Jeppson, Clein Nelson, J. Glen Nelson, Milton L. Rouche, Ross Rudd, and David R. Waldron. 8700. By word of mouth people learned of this helping project. Money came from all over. We simply said that John and Doris Owens have a great desire to go to Ireland and as neighbors, wed like to help them, Mrs. Blake said. They're not quite sure how much has been collected. Ann (Bennett, wife of Bishop Val Dee Bennett) picks up the money each morning on the way to the bank, Mrs. Blake explained. They know the amount has exceeded 82.200. (Continued on Page Three) Spokesmen for the JPs a week earlier had requested an additional 81 plus another 50 cents for expenses. Commission Chairman Don Chase proposed the lesser amount, saying it was his Revenue gain for county bill Payments goes to Ford Box Elder county is on the brink of a major revenue gain with action of the Senate in passing a payments in lieu of taxes bill in the closing hours of the 94th Congress Friday. and this is If signed by the President it means the county will anticipated receive a reported 8730,000 annually as compensation for federal lands within its borders. County Commission Chairmah Don Chase said he was elated at the development. It had been thought the measure would die in this session of Congress after having been approved by the House and an altered version approved, by the Senate Interior committee. However, it was rescued in the Senate during the final hours. . Commissioner Chase said conference to reconcile the two bills were taking place even before Senate passage. What finally came out of the legislative mill was the House version. "The Senate bill would have meant more to our county, possibly over 81 million, but were delighted to have the House verthe county official stated. Its my understanding that the measure will be implemented immediately. How long it will take to clear the bookwork I can only estimate. We hope to begin receiving funds possibly between now and the first of the year," Chase declared. The measure reportedly will funnel 87.5 million into Utah annually with Box Elder county reaping the largest county share. Chase had said previously that if the revenue bill becomes law, it would followed by a substantial cut in county's property tax levy. He said there are approximately ... million acres of federally-owne- d land in Box Elder county. This represents about 66 percent of the land area, according to Commissioner Chase. Because public land is it diminishes the tax base. Payment in lieu of taxes was recommended by the Public Land Law Review sion, e, commission. , Commissioner Chase said a telegram has been sent to President Ford urging him to sign the bill. d property north of Rees PUSHING GRASS SEED SPREADERS over of the Brigham City right, Howard Kelly, superintendent Pioneer park are seeded department, and Calvin Cheney, an employe. The area being farther football field. Other little league a as ground tabled for is use here city-owne- south was planted earlier and is already showing green. It is planned for development of two additional softball diamonds. A sprinkling system was stalled four years ago but the property has lain idle since, |