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Show OGDEN CITY PROTESTS AGAINST - GLASMANN BUILDING BK DAM Mr. Glasmann Offers to Let City Have All Water It Needs at Actual Cost Which Will Be Less Than If City Builds Dam Alone, as the City Would Get Benefit of Reduction in Price on Account of Height of Dam in Joining the New Company. .l At the meeting of tho board of city commissioners last ovenlng a resolution resolu-tion was Introduced by Mayor Fell and passed unanimously providing for a formal protest against tho application applica-tion of "William Glasmann for cortaln water rights on tho South Fork of Ogden river. The ongineer was instructed in-structed to file tho protest with the state engineer and to use every possible possi-ble legal means to prevent Mr. Glasmann Glas-mann from getting title to the water and, also, to see to It that ho does not get possession of the Cobble Creek dam site, Tho resolution relates that last year the city administration spent something some-thing like $10,000 stripping bed rock at the Cobble Creek dam slto, the Intention In-tention was that the city should join with others in the construction of a dam and for the impounding of tho waters of South Fork for the use of the city and others who should be-como be-como interested in the project. It is also related In the resolution that the city intends to build the dnm so as to furnish more water to the people of the municipality. The commissioners maintain that the city has accrued rights at tho Cob-blo Cob-blo Creek dam site, that Mr Glasmann Glas-mann has no right to the waters of South Fork and that he is trespassing on city -property if he undertakes to use the dam site that was stripped for bed rock by the city last year. City Engineer Craven was instructed instruct-ed to file the protest immediately Mr. Glasman, when seen In regard to tho foregoing, said- "It is almost two years ago since I first started in to build the South Fork reservoir. It was my Intention Inten-tion at fhst to have the city build the reservoir and sell the water at a profit in order to make enough money to pay off Ogden city's debt It was soon discovered that Ogden City could not speculate In water, that tho constitution consti-tution of our stato limited the city's rights In the wator business to ItB own actual needs. Then our plan was changed to havo the city take $160,000 interest in the dam and let the farmers farm-ers join In building the same. Then we ran up against the s5ag" that the state law said that cities cannot hold stock in private corporations, but the constitution said that the city could buy water and water rights for the city's needs, and tho six best attorneys attor-neys In the city told us that if the object of tho city was to get the water and not tho shares for speculative purposes that the city could Join with the farmers and hold water rights In tho company or even Independent of tho company, and that tho city's Interests In-terests would be in water rights instead in-stead of shares ofjjtock The city council finally accepted that view and authorized the mayor to subscribe for $100,000 worth of water rights in the proposed South Fork reservoir The farmers agreed to the proposition proposi-tion and, at a meeting, authorized the city to expend sufficient money to excavate a dam site to bed rock, agreeing to give the city of Ogden water rights In return for the money expended. The city accepted that in good faith and did the workI was the chairman of tho farmersebmmit-tee, farmersebmmit-tee, as well as mayor of the city, and last November I resigned as chairman of the farmers' committee In order that tho farmers' committee could sign up the contracts with the city before my term as mayor expired. The new committee appointed was directed by the citizens' committee to sign up a contract with tho city at once as It was feared the new city administration administra-tion might take a different view in regard to tho matter, but the-new committee com-mittee did not see fit to sign up with tho city, and when the new administration took hold it repudiated the agreement made by the previous city government, claiming it was Illegal. At a meeting held at the mayor's office, in which tho committee of the farmers mot, Mayor Fell told the committee that the city could not join in building the reservoir, but offered to let the farmers build the reservoir on payment of $150,000 to the city for its rights in the South Fork Canyon. This, of course, tho farmers refused. Various efforts were made to continue con-tinue the erection of the reservoir, but the fact that tho city repudiated tho agreement made by tho former administration ad-ministration caused many people to loso confidence In the proposition. Things drifted along that way until somo time In March this year. I learned there was a movement on foot by some othor parties to file on the wator of the South Fork for irrigation irriga-tion purposes, and that the land on which the excavation had been made, and which the city offllcals had been advised belonged to M S. Browning, and A. L. Brewer turned out to belong be-long to Joseph S. Peory and that the parties proposed to buy from Mr. Peory higlandj I Immediately got busy, hnd surveys made, filed on the water, former a corporation and of fored all those who had previously proposed to join tho South Fork reservoir reser-voir project an Invitation to come into in-to the now company on tho ground floor, and offerod those who wanted water tho same at actual cost, including in-cluding Ogden City. "I purchased the land from Mr Peory and our company is proceeding- in good faith to build the roser-voir, roser-voir, and tho protest of Ogden City at this time, it seems to me, is another effort to postpone the beginning of the work on tho South Fork reservoir The papers announced somo time ago that 1 had filed on this water and the city could havo filed Its objection thon, but instead of that It made fun of the action of our company Of course, we intend to get to work at once. The engineers are busy preparing prepar-ing the plans and it is ray hope that the city commissioners will do nothing noth-ing that will prevent tho work from going on. "It should make no difference to tho people of Weber county who buildB the dam so long as it is built. The best interests of Weber county and Ogden City demand de-mand that the dam shall be built and that every resource should bo used to that end. "Instead of the city trying to block the beginning of the work, the city should join our company in building the reservoir. The city should carry out the agreement made by the previous previ-ous city administration and furnish from $100,000 to $100,000 of the money to aid in its completion.X I am advised ad-vised that tho city has no rights in the South Fork canyon; that it has lost an ngnis dj- iuuure uj comply with the law. Notwithstanding Notwith-standing that, I filed with the state ongineer a statement that I desired tho city of Ogden to have the first water rights in the South Fork canyon for tho city's needs and that the rights I have filed on should be second to Ogden City's right for whatever water Ogden City may need. This shows my good faith In tho matter. mat-ter. Some of tho members of our company were opposed to me filing any such statement with the state engineer, but I felt that asjmayor of Ogden City last year It was my duty to have had an abstract of title made of the ground on which the city made Its excavation and secure a written agreement before acting on the matter, mat-ter, and that further, as mayor of the city It was my dnty to havo done everything possible to protect the city in Its rights, and I do not wish to take advantage of any failure on my part to have done my full duty as mayor, and for that reason I am willing for Ogden City to have the first and prior right of water in the South Fork canyon, can-yon, and I have told at least two of the commissioners of Ogden City, as well as the city attorney, that our company was prepared to execute papers pa-pers to make good the city's agreement agree-ment with tho farmers as authorized by tho mayor and city council last year Therefore, any effort on the part of tho city to protest against my rights in the South Fork canyon does not amount to anything at all, unless it is tho desire of the city to retain the exact site where the excavating exca-vating was done. Of course, If the city wants that ground, I am open to negotiations even to sell the land to the city if it is found to be for the best Interest of all to do that "Ab to the $10,000 that the eity has expended in making the excavations, I offored the city attorney, as well as Mr. Fell, to give my check for the full amount of monoy expended on the excavation. My attorneys told me I was foolish in doing that, but I was mayor of tho city when that work was done and it was'my duty to have fully protected Ogden City as mayor In that matter. Therefore, I did offer to refund re-fund tho money to tho city in accordance ac-cordance with the original agreement. I am pleased, however, to observe that the city commissioners havo had nn awakening. I hope they are In earnest and that their efforts will not prove to bo simply a movo to block tho building of tho dam, but that there is a roal deslro on the part of tho city commissioners com-missioners to havo the dnm built. "The present commissioners, in aiding aid-ing tho erection of this dam.can help double the population of Ogden In the next few years. "Our company ha6 offered to let Ogden City have wator in tho reservoir reser-voir at the actual cost of storing tho same, and to completely protect the city In its water rights.and to let tho city englneor jointly, with our engineers, engi-neers, approve of the cost of the expenditures ex-penditures In erecting the dam. The city can not do better than that with any other company and it can not do that well If it builds the dam nlone, because, by joining with our company, the dam will go up to 120 feet and the cost of water will be much cheaper than it would be If the city built alone and built only one-third one-third or one-fourth that height, ae the storage of water in the last half of the dam will be much greater than in the first half of the dam, and the first half of the dam covers the greater expense. ex-pense. "Ogdon City does not lose one cent through any action of mine. My whole interest is to have the dam built quickly, quick-ly, and the city can lose nothing by joining the Ogden River Reservoir company in building the dam, but can savo the people of Ogden much money by acting In harmony with our company" |