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Show o GOOD 4 91st Year No. 61 Sun Progrett Inc . 1902 Price, Carbon County, Utah Wednesday, August 46 4, 1982 Pages Single Copy 25t Water feud: Ruling stirs legal question - A SALT LAKE CITY longstanding feud between Carbon and Sanpete counties over Scofield Reservoir water took another turn Thursday with a Utah Supreme Court ruling. In what Helper attorney Stanley V. Litizzette called a mixed bag of results, the high court modified a March 1981 district court decision that Sanpete County is of entitled to 30,000 acre-feScofield water. The water currently runs into the reservoir via Gooseberry Creek, but Sanpete officials want to build a dam on the creek to make a reservoir. Carbon officials contend that loss of the water would seriously hamper industrial and residential development in the county. Sanpete County claims a agreement between the United States, Price River Water Users Association and Carbon Water Conservancy District gives them the right to the water. The Supreme Court decision modified the decision of the (4th et SpUsh, splash Shawn Densley, son of Jolene Densley, Price, found that playing chicken with splashes from cars on South Carbon Avenue was the best way to take advantage of Monday's heavy rains. Verrv Jones, Price Streets Department supervisor, said the excessive rains didn't cause his department too much trouble despite 800 North having to be unclogged twice. According to Jones, the department has engaged an engineering consulting firm to put together suggestions on how to fix the problem at Meads Wash. Last week. Meads Wash overflowed and tore a large section of steel storm drain from beneath the road. Jones said the problem occurred probably because of water coming off a wall upstream combined with the turbulent water action and the formation of air bubbles. Jones asked residents to be sure and keep gutters and culverts free of any objects or debris in case of future storms. Photo by Al Hartmann In my opinion, no bureaucrat should have the power to favor Sanpete County over Carbon County, especially where the water rights are some 40 years old, he said. Litizzette said the results could have been more favorable to Carbon County but are not as bad as they could have been. What we were afraid of was that they would be called third-part- y beneficiaries, he said. Taxpayers fork out $12 million Price residents paid $12.48 million in federal income taxes for the 1980 tax year, averaging $2,627 for each return filed last year, according to the Utah Foundations analysis of a report from Court that District) Sanpete the Utah State Tax Commission. The study indicates Price taxthird-part- y a was County beneficiary and entitled to receive payers filed 4,751 federal tax the benefits of the Scofield returns and reported a gross insaid come totalling $89,871,000. The (tripartite) contracts, Litizzette, who represents Price gross income per return averaged River Water Improvement District $18,916 for the year. The statewide in the case. average was $16,413 per return. Federal and state income tax The court said that the lower decision gives Sanpete no rights payments have multiplied 3.7 under the contract other than those times between 1970 and 1980, accovered by its assignment contract cording to the foundation. Adwith the Bureau of Reclamation, justed gross income rose 3.2 times he said. during the same period. to the factors contributing decision Major the Accordingly, raises an interesting legal rise of gross income going to inthe attorney added. come taxes have been inflation and question, Can the Salt Lake regional the progressive nature of federal director of the Bureau of and state income taxes. Inflation has upped incomes into Reclamation assign valuable government property in the form higher tax brackets and a greater of water rights without having portion of an income is taken for been delegated the authority to federal and state income taxes. To counter the problem, give away the water rights? He said the next step in the Congress enacted tax legislation to litigation will be to test whether the stop bracket creep by indexing regional director has that the federal income tax for inflation beginning in 1985. authority. 10-ye- ar International Days means fun for all Parades, a rodeo, games and theres something for everyone at this years Carbon County Fair and International food booths Days celebration Aug. The fun begins at 8 a.m. Saturday with motocross races at the Carbon County Fairgrounds. Sponsored by the Carbon-Emer- y 4. Motorcycle Association and Carbon County, the races will also be held at 8 a.m. Sunday. The two-da-y event will feature more than 200 riders from Utah, Colorado and Idaho. On Monday, Aug. 9, and Home Arts exhibits will be ac- 4-- H See fair guide for details cepted for judging at the Helper Civic Auditorium. A horseshoe pitching contest will get under way at 6 p.m. that evening in Price City Park. Local residents will get a chance to show off their horses at the Horse Show beginning at 9 a.m. Tuesday, Aug. 10, at the Fairgrounds. That afternoon at 1 golf tournament p.m., an will be held at the Carbon Country Club golf course. The Price Utah Stake of the Church of Jesus Christ of Latter-da- y Saints will present a variety show at 7:30 p.m. Aug. 10 in the Geary Theater on the College of Eastern Utah campus. The show, to be repeated at the same time and place Aug. 11, is one of many events being held this year to 4-- H 18-ho- le commemorate the centennial year of the Mormon Church in the Price area. The and Home Arts exhibits will officially be opened to the public at a special ceremony at 1 p.m. Wednesday, Aug. 11, at the Helper Civic Auditorium. At 6 p.m. Aug. 11, the Coal Country Cowgirls Association will host barrel racing competition at the Fairgrounds. Those interested in running barrels must sign up before 3 p.m. that day by calling 4-- H 637-638- 4. Thursday, Aug. 12, has been designated Kids Day. The fun begins at 10 a.m. with a parade downtown. A magician will perform at 1 p.m. at the Price City Park, followed by games, food and swimming. The International Days Rodeo run at 8 p.m. begins its three-nig12 at the Aug. Fairgrounds. On Thursday night, the whole family can attend for $8 if tickets are purchased in advance. The rodeo continues Friday and Saturday, Aug. 13 and 14. Tickets can be purchased at Zacs, Tolmans, Sunset Sports, the Sun Advocate and the Carbon County Chamber of Commerce office in Price, at Scooters Trophies in Helper, at Traceys Conoco in Castle Dale, and at B&K Stop and Shop in Huntington. Sage & Sand Artists will display their arts and crafts in Price City Park Friday and Saturday, Aug. 13 and 14. Browsers are welcome and sales will be offered. The display opens at 10 a.m. and continues ht INSIDE: Business Castle Valley Watch LegalPublic Notices Letters to the Editor through 6 p.m. each day. will play at a Homegrown parking lot dance immediately following the rodeo Aug. 13 at the Fairgrounds. The country-roc- k band will also stage a concert at 3 p.m. Saturday, Aug. 14 at the Fairgrounds. A busy day of activities begins with a chuckwagon breakfast from two-ho- ur 7:30 to 9:30 a.m. Saturday, Aug. 14, at Price City Park. The Grand Parade follows at 10 a.m. in Price. Commercial exhibits, games and food booths will open at noon at the Fairgrounds. A water soccer tourney will begin at noon at the Creekview Shopping Center. The Fairgrounds will also be the scene of horse racing at 1 p.m. Bypass job nears finish Motorists tired of the inconvenience of construction on the bypass at 0 and U.S. 6 will be happy to know that completion of the project is just around the corner. Vick Stewart, project engineer for the Utah Department of Transportation, said construction is 72 percent complete. He said surfacing on the main bypass lines will be complete within two weeks. By the end of October, Stewart said the stretch of highway will be open for traffic. Rerouting of traffic on the westerly end of the project will occur within the next 10 days, he added. Stewart said by the projected opening date, the highway will be safe for motorists with all lines painted and median barriers installed. The bypass starts in the vicinity of Castleview Hospital, runs along the southern outskirts of town and hooks up with the existing highway in east Price. District 4 preconstruction engineer Archie Hamilton said the highway is being conbasis. structed on a cost-effectiv- e WBBA : 10A 9A A 5A Market Bazaar 4B News Scene Obituaries Opinion Shopping Mart Sports 2A 6A 4A 1C IB t U-1- Workers apply bituminous surfacing on the bypass of and U.S. 6. ConU-1- struction is set for completion by late October. Tree house champs Helper came from behind in two Western Boys Baseball Association regional tournament games to earn a berth at the little World Series this week in Idaho Falls. Helper beat Huntington 4 Friday evening and 5 Saturday morning to take the crown. See page IB. 8-- 8-- - tree house makes those lazy days of summer pass quickly for Jeff and Greg Schmitz. The tree house, built by their father, includes swings, a new slide, sandbox and a suspension bridge. See page 4B. A 16-fo- ot |