| Show THE DRY CANYON lyter QUESTION in the minutes of the city council pra tuesday nights session sess iori published in yesterdays NEWS meui meni tion Is made of a protest against tha th cites using waters flowIng out of arf canon canlon the following is the documents document in full SALT luin LAKE CITY juip july 12 ma to the curp city of l sall sald lake take yak notice eVorice that 1 I the undersigned undersigner under signed the owner of acres of land in salt hake lake courty county utah territory situate immediately I 1 at and below the mouth month of dry canon so called and first ap appropriator of the waters watern flowing from fr m SI said sald canon and hereby protest against the appropriation or use of said waters to the prejudice and injury of the under signed by the city of salt lake and do now notify the said city of my prior rights and forbid any and all Inva invasion slon I 1 thereof Respect respectfully full fuli yours A CHARLES ARLES POPPER we learn from sir Popper personal ly that the object of the protest and any subsequent proceedings he may institute is to secure a legal leall title titie to the water in question not with a view to making a personal use of the stream nor preventing the people of the dry bench from having the benefit of it ile he claims that his action is merely to secure a permanency of the quantity of water which he has had ad the use of for several years past the source of which he fears is liable nible to diminution from the development of the springs higher up owned by the city if this be the object in view why should he make any movement toward obtaining control of the entire waters of dry canon canton why should not bis his claim mereld refer to the maintenance of the quail quantity fity of water of which be het has now tile the undisturbed use in case ease of it being diminished by the develop q ment of the upper springs the wasef wate from which has never been at any tim appropriated by mr nir popper and ol 01 av which his assumed priority of claim it impossible on careful inquiry we learn that thel thes only instances ot Mr Poppers ever eyer everham hav j ing used the tile water now being conducted down dry canon canton for the benefit of the tiie distressed people on the bench bencil was when an employee of his diverted it from the channel along which the city conveyed coave ed it recently to his land when this occurred occur the at once turned it back into its legitimate channel we also learn that mr nir popper i a short time since asked the privilege i of tapping the flume lately constructed by the city in order to fill a capar cious tank located near his slaughter house the request has one of two I 1 constructions a recognition of the right of the city to tile the water or the establishing tab lishing of a color of claim for was not granted however as mavor sharp had already given instructions to the master to have any person penson who tampered with the flume or stream placed under arrest as speedily as possible the city has purchased with an eye eve e to the benefit ot the people of ge the tie bench 1 th the e land in which the sprino springs are located ted and made application for the clr dir purchase chaise or right of vay way through gli gil all the fand land I 1 all lii d lying alyin on this side clear to the military resh reservation catlon cation and in order to avol avoid d ven even any technical dispute with mr popper the flume was located I 1 out itie itte ot the land occupied by him hid and winch is also within the reservation lines iines any proceedings on the part of mr popper appear to io be in sin gular guiar taste at this late date after the city for the benefit of some of her thirsty inhabitants has expended thousands ol of dollars on a source of water supPlY ov over L r a mile mil C distant from 1 an to which he has any colors ol of right by priority of appropriation it qi or other wise it would have looked better to say hay no more had any proposed step ill in dispute been instituted before the present status of the water development had been preached ane plea that the object of mr dir poppers proceeding in the premises means on only lyAlle the security of his present supply of water scarcely agrees pro attest directed to the city it is an ingeniously ly worded paper evidently formulated gnu anu by all an adroit attorney it Is seemingly intended to have a wide scope and yet can call be construed when advisable to have but a limited application the mention of his acres of laud would indicate that the appropriation pria tion of water by any other arty varty or parties arties artles would be deemed prejudicial to t his is interests and would probably be contested by him As it would take more than the stream now being brought down for the benefit of the people 1 oil on the bonc bench benc lill to water his reo peo und the situation is seen at a glance there is an intense feeling among amo D the residents on the bench lots in relation to any movement inimical to their prospects for water for the want of which they have suffered for man many y years we assure them however that there does docs not appear to be ant likelihood of the proceeding considered in this article acting prejudicially in that regard for the following reasons it can call be conclusively shown that not a drop of water from th the e springs bow being developed by the city for the mie benefit of the people ever reached tl tle land upon which mr nir popper is scuttled settled unless it was recently when his his hip employee diverted the stream from i its legitimate channel under these circumstances it would be impossible llor dor him laim to prove a claim by prior ap impropriation evell even should the quantity of water efrom his springs at the mouth of the it would adly rollow follow that the contraction was caused by the development of the up iper ones ancl anci 14 it would devolve upon kim thim him to demonstrate that such was the ease case since tile the most of the foregoing was t ewe we have seen mr popper again sud and in re he assures us that instead of being opposed J to the people on oa the bench getting wile wate r he rie is in favor of any that direction and would contribute liberally for such a laudable object ocl ali ail all I 1 wish said he is that in case au an occasion should brise arise sometime in the future that I 1 should want the water I 1 do not nol want my right prejudiced bemy by my silence at this junctures juncture I 1 am saving a point so that if I 1 should need nied the water at some time I 1 may reserve a right to it and not be dependent on other parties or be compelled to apply to them for a supply In reply ply to a question the gentleman said sald saidee he did not at present intend to proceed further in the matter than the presentation of the protest it is hoped that mr poppers proposed ased inaction on the subject will not te be temporary but permanent and ein em brae brac ettle ettie f future as well as the present As the ahe title to the acres uett sett settled led upon by him still so we understand lies iles with the U S government pending the settlement of his application for a deed a present effort eff ort to gain legal control of the tile stream flowing down dry canon calion would be premature to say th the f least one thin thing is certai certain cei cel tain n the people on the bench Benc lill are keople determinedly opposed to any individual having the power whether i he be proposes to use ii e it or not to utilize the water obtained from the source above the forks of dry canon callon for any other purpose than their relief from a protracted protracted and pressing necessity rhe the supply from that direction will bo be dibut friall sulail at best but every little and this but hut adds to the reason that it should not be disturbed iby private parties either in the present or |
