| Show THE CRYING NEED water wanted tor for thousands of thirsty people A PLAN FLAX TO SECURE THE BOON to the people of salt lake city the water question has gro grown wn more serious as the summer cummer has advanced to the city council anxious eyes have been turned and upon the majority party especially hopes have rested lor for a successful solution of the problem and for relief for thirsty throats slid and parched sell soll it was with a view to learning lot e intentions of the city vt fathers th lera in regard a to this matter that thail representative le of the called at the M mayors abor office today ir 19 was well known know U that tha t negotiations have been going on for several months in relation to the water supply but an statement could not be had regarding the details ol of the transactions as the final determination had not been sufficiently agreed upon the reporters visit today was however how evera a satisfactory one on this score fhe he mayor and the recorder corder Ee wc were bothin nothing loth to answer any inquiries an and permit the examination of the records and through their courtesy the news is enabled to ito lay before its readers today the scheme which the city council has been beani aiming to accomplish com the past several months and which has bag for its object the furnishing ing of the inhabitants ol of this city an additional supply of pare mountain water THE PLAN A fair exchange is no robbery runs the old sayin gand the city council seem to have been working on that timeworn time worn theory T the he plan is simply simple this the city of salt bake owns the jordan and salt lake city canal the greater part of parleys canon creek is ig owned and controlled by farmers and others owning land in the big fie field id survey in the southern suburbs of the city and below the canal the proposition is to take the greater part of airless Air leys creek out at the mouth of the ahou put it into a canal with plenty len ty of fall and swing it around t ph through ough terrace hights and across the hilli military tary reservation to the twentieth ward bench lu in exchange for the boon thus to be bestowed upon a parched but patient people the city is to supply to the farming land water from the tanal canal in the first part ot of the season an equivalent quantity to that taken from I 1 parleys creek and afterwards a little more as will iiii be made clearer to 0 the reader by a perusal of the conditions of the exchange contained in the following instrument which has already been signed by about nine tenths of the owners of big field and is being signed by the re one tenth as fast as could reasonably be expected the history of this indenture is this A proposition was made from the city to prominent parleys creek owners to make the exchange A mass meeting of farmers was called to consider the question it was there conceded that no serious objection s tood stood in the way provided tho the exchange could be made upon such terms and under such restrictions as would protect the farmers in their rights A committee of twelve was appointed from the meeting to perfect the agreement with the city many and lengthy interviews were held representatives of the city an andine gween L a co committee and their attorneys finally n nally the agreement was accepted by the representatives of both parties and the committee called another rhe meeting eting to listen to the reading of the document and take such further farther action thereon as the people interested might deem proper at that meeting the ratification of the action of the committee and the acceptance cep tance of the agreement was unanimous and every payson there present before leavi leaving appended his sl signature nature thereto the the work of obtaining obtaining the remaining signatures owing to the diversity of interests has been an arduous one but as stated the work is all but corn com plated and it is probable that a resolution wig be passed passerby pass edby by the council at an early date authorizing the ma mayor to sign in behalf of the city th thus u s closing 1 the contract in accordance with the terms of the agreement this agreement entered into tins this day of june A D 1888 by a and nd between the owners of the primary right to the waters of parle parleys Is canon creek whose names are hereto of salt lake county r verri tory of utah parties pai ties of 0 the first part and salt lake city a municipal corporation of the territory of utah party of the second part whereas the parties of the first part pait are the owners of primary pi amary rights to the waters of Par parleys levs canon callon creek breeh and the party of the beco second part art is the owner of the jordan dmd au and d salt lake e cit city ty canal which conveys wa water ter from the jordan river at a point near what is called the narrows in said river to salt lake city for foi irrigation pur poses and whereas the party of the second part is desirous of obtaining water tor for irrigation and c culinary ii p purposes oses to supply a portion of th the e inhabitants ta a n ts of said aid city whose lands lie above the said jordan and salt bait lake city canal it being impracticable to irrigate said bald lands from the waters of said canal and tor for wrinkling sprinkling inkling streets above the line of said canal cana vr and lor for other uses and pur purposes Doses connected with the welfare of the inhabit ants of said city and F whereas the agent of said second party to wit the mayor of salt bait lake city has made propositions to the parties of the first part a an the waters of parleys carion creek owned by the parties of the first part tor for those of tile the jordan and salt bait lake city canal and the said parties of the first part have met and considered said propositions and have agreed to make inake said exchange under proper r c conditions ons and restrictions now therefore cre it is hereby agreed as follows the parties of the first part whose names are signed hereto agree to exchange the waters of the parleys canyon creek to which they are entitled for au aji equivalent quantity ot of water from the jordan and salt lake city canal down to the time when the primary rights exhaust the whole creek for irrig irrigation ailon pur roseand po seand foi the he quantity of water to be fur rubn ed after bald aid last named ti time m e as next hereinafter further agreed and to permit allow and authorize eaid party of the second part to take said waters of the parleys re Is ryon canyon creek at any point it may choose and devo devote te the same to the use and benefit of the inh inhabitants abitanta of salt lake city and it is further agreed that at each season when the period arrives that the waters of the said bald parleys canon creek are at their normal stage that is basay when they are at the stage when the lowness of the primary rights therein ed to the whole of said stream pur I 1 F po poses Cs then the party of the second part shall h dl have the waters of said creek measured agthe it takes paid bald waters from said parleys callon creek and the board hereinafter provided for shall decide as to such time and it hereby guarantees to furnish to the parties of the first part from and after the date of such measurement cut and until the day of august a continuous supply supply of water from said canal equal tot to the e portion of said creek 0 owned by the parties of the first part at the time of such measurement and at the last named date the waters of said creek shall be mohmed again as aforesaid and the party of the second part shall furnish to the parties of the first part from and alter after said measurement a continuous supply of water from said canal equal to the portion ot of said creek owned by them at the time ot of said last in measurement casu r ement during the remainder of the season the second party agrees ees to ma maintain hofve tain all existing lights of tile the parties of the first part to the waters of the said parleys cadion creek to keep in repair tile said jordan and salt lake city canal and by its agent jointly with the agent of the parties of the first part and atthe expense of the former turn out from the said bald canal the proper portion of the water due to the parties of the first part on the exchange aforesaid and also to construct the necessary ditch or ditches head gates and dams dains to take out the wd waters of the said canal and parleys cawon caron creek and arb vide for the rights of way for the same all at its own cost and expense and without cost or expense to the parties of the first part it abany ad anytime tinie either party baity shall feel aggrieved yd at the action of theother the other party ais as to the fulfillment fulfilment of or as to any con condition or portion of this agreement it is agreed by and between tile the parties hereto that said board shall decide the question in issue ibue between said parties and its i ill all be final if a the party of the second part f cause whatever f fail to 0 A lip ties of the first pait t the s water from said canal it Is e 81 ler stood and nd agreed that said ies e C first part shall be re stor eions of parle parleys 8 canon cablon cree 1 and used by the he party pai ty of t i under the terms of this ar gr g r case of said failure on t the ae th aid par party ty or of the second lar r mra ie e wa waters in said canal toi for the t of parties JP 1111 of the ali st part as spee idled and agreed a er aed it shall not lot be e essary for alie e parties of the 0 any court or process of law to rights in the batera of said P n creek but their agent may at t notice to the agent ageda of the party of th d part of the said failure of the said par party y to furnish the said water in said canal as ats aforesaid and if such de fault and failure on the part of said party of the second part shall continue for a period of twelve houts hours then said agent lor for said first parties may max at once proceed to turn said wf beters ft said creek into their original channel and place palace the same to the use of the said parties of the first part and all e expense x and damages caused by the failure to furnish said canal waters as afore aforesaid I 1 ati shall be borne by the said party of the see seca ond part in case it shall happen at any time that the parties of the first part are forced to retake ke the water from parleys callon creek for and OR OB account of the failure of tl alie le party of the second part to furnish water from its canal as aforesaid they hereby agree tAt the party of the second part may again have the waters from parleys carlon canon creek on the same terms and conditions us as are herein specified by furnishing to the parties of thu first part the water from said canal aud and sufficient more from that source within a time to be determined by said board to make up tor for any delays in irrigating occasioned by said default provided that it if said default should continue that is to say if the party of the second part should fail to supply supply said canal water to the parties of the first part for a period of six months then tins this agreement shall be null and idland voi vo dand the party of tile second pal part t shall not be liable lor for any damage resulting from such default or failure to furnish said canal water except the damage that may have accrued before the termination of this agreement tho the party of the second part further agrees that it will not by its action diminish the quantity of water to which any one may be entitled in in the kennedy ditch bior or par leys leyl 5 canyon greek who is is not in interested t ere s ted in t tins ais exchange it is further agreed b by the parties hereto that the waters shall be turned into and flowing flow ing in the jordan and salt bait lake city canal as soon as april 1st ast in each year it is mutually agreed that by march in each year the two parties hereto shall each choose an agent and they two a third to constitute a board a majority of whom can lawfully act if the two agents cannot agree on a third within ten days then said first parties arties shall select spleet a wholly disinterested esl person as the third from any place in salt lake county utah Territory excepting only salt lake city and the owners of parleys canon callon creek it is agreed that said board blaid shall decide all questions that arise in reference to this agreement whether the same be absolutely forfeited or not except only as to the renewal of this agreement after absolute forfeitures forfeiture ex c cep copt t as otherwise herein specially provided and then in tile the latter instance in case of disagreement said board shall decide W when lien agents are ai e referred to in this agree ment they are meant who are selected by the parties hereto and in part constitute the board case a vacancy in same shall be filled as originally if at any time when it is necessary for the agents or board to act immediately and the proper number cannot be found to act within twelve hours then the re nia ining agent or agents or board may act as legally as though both agents or a legal board were present and in other cases the same may be done after the e ex pi ration of fifteen days As it is the intention of the parties hereto that said first parties shall have no expense whatever to defray by reason of tile said exchange it is mutually agreed that said second party shall hold said first parties wholly harmless garm less in consequence olta of the al e exchange change of said waters wafers nt it is mutually agreed that said laid second party shall defray all expenses and tees fees of said board and of said first parties agent it is mutually agreed that in an any ly part of the year when said paid canal water is 8 not furnished to said first parties then and in that event said first parties are to the waters of parleys canon creek whenever first parties are spoken of in this agreement it means in addition to the natural meaning the heirs executors execute rs administrators and assigns of said first parties this agreement shall be perpetual oal val it if the covenants and conditions herein expressed are kept and complied with it is further agreed that the party ot of the second par part t shall pay the assessment ses that shall be made yearly or oftener ot tener and keep in repair what is known as the kennedy ditch to the same extent and to the fall amount that would be borne with the land owners below said canal using the water fr from 0 ms said a ld ditch that is to osay say the tar f the second part shall do the wor work on said aid ditch that has as been hereto before done by those obtaining water that owned land below said canal in witness whereof we the undersigned undersigner under signed parties of the first part have hereunto set our hands and seats seals and the mayor of salt lake city ter for and in in behalf of the party of the second part has hereunto set his hand and caused the corporate seal of said city to be hereunto affixed toe day and year in this agreement first above written THE practicability the questions which naturally present thern themselves selves upon contemplating the agreement are first Is there s sufficient af water in the canal to make it the b a necessary exchange arid and leave enough to supply the city lying iving below it with canal water tor for arri irrigation fration second Is ahe quantity of water in parleys creek sufficient to justify the exchange third what is the attendant cost of carrying out the entire plan from it the he information at hand these may lie be answered as follows there will be an abundant supply of water in the canal to accomplish the double purpose urpo seas as soon as certain contemplated improvements to the canal are effected Parle parleys ym creek is nearly as large rge as city creek and with the shutting off of secondary water rights in a parleys it is thought the former I 1 ormer |
