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Show NO DANGER IN SIGHT. We pointed out Hie other morning the aetuul taints In tho recent Supreme court decision with rospect to the use of the clt) a wat. r b the power company com-pany plant at tho Joidun Nariowa In that atlhle we used tho Ueteret News a objections as a text, lhu News now tvneedes nm osltlou, but raises the question of the Insolvcuc) ot the compaii, nnl the possibility of no 10-aponse 10-aponse In damages It tha company should tall to return the water It uses In complate volume and purlt, at the lovel of the clt s ditch But Inasmuch as thero Ims been no proposition or move to do an thing of the Kind, that question can safely lie left to the correcting cor-recting puvver of the tourt should It be attempted The use alllrmed by the court In this ctse la a verj fair example of what rnuita commonly decree In tegard to the right of use ot w atar. 1 ha gworal Joctrlne upon which It Is founded Is that the water light Is not the ownership owner-ship of the water itself, but the light to use It m legally appropriated Thus. In thla case th oovver company use It for power in spite of the clt s prior appropriation because) that use In no was infringes upon or diminishes the city's use In ths fullest degree Another An-other example Is In Ogden canyon, where the light and power gompan takes the water of the river out and carries It for its own purpose high along lhe side ot the cliffs But It leturns the water to the bed of the stream above the point where the farmers who have the jrlor right o Us use r iv e been In the habit of t . ing It cat The ilgh- of the faimers to use that water Is not attacked In an ni) by the power oompan) , they get the water preclasl as before there is no object In thajr taking out the water at a highet level han they have been tu ust m4 to do Thus far the nil). Is e ii pi t with our tit Hut i ith us th'r n a a it dc Irabu hnge In 1 vel needed by taking tho vvat.r ou at a higher level than nl ir.s.nt eiy math great r end bet ter use could be made of It than at its piesent elevation The right of the city lo make this change of elevation Is, wo believe, clear, nt an rate, lhe power pow-er company has no right to question It being Itself a lecent user mil having no right In any natural How being Itself imrely a tenant ot use so long as It suits the city lo have tho water It has appre printed run in the present ditch Our advice Is, therefore and we nre glad lo see thtt the News endorses It that tho city lose no time In making lhe needed change, before any further conflicting rights can arlae. |